my sister called me to help her my sister called me to help her

7 months ago

my sister called me to help her because she was facing domestic issues with her husband. i went to her matrimonial home and am living with her since april 2023 and providing for her and her child since then. in june 2023, she filed a dv case against her husband and in laws. now my sister's mother in law has filed a dv case against me. is the dv case against me maintainable?

Anik

Responded 7 months ago

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A.Dear Client,
The maintainability of a domestic violence (DV) case against you would depend on whether a domestic relationship exists between you and your sister's mother-in-law. The Protection of Women from Domestic Violence Act, 2005 covers and includes any act of omission or commission or conduct of the respondent that harms or injures or endangers the health, safety, life, limb, or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse, and economic abuse

However, the DV Act can be invoked only when a domestic relationship is in existence
If there is no domestic relationship between you and your sister's mother-in-law, then the DV case against you would not be maintainable. However, if there is a domestic relationship, then the case would be maintainable, and you would need to defend yourself against the allegations made by your sister's mother-in-law. It is important to note that the DV Act is a powerful act that can be misused, and many orders like maintenance, residence, custody, protection, and compensation orders can be passed under it
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Kishan Dutt Kalaskar

Responded 7 months ago

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A.Dear Sir,
It is not maintainable. The main intention of DV Act is to Protect fight between mother in law and daughter in law and vise versa. you may go to High court such DV case stayed and Quashed.
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