Domestic Violence Case Filed Against in laws

Dear Client,
Domestic violence is defined comprehensively under Section 3 of the PWDV Act, 2005, comprising Physical, mental, verbal, emotional, sexual, and economic abuse, Harassment for dowry, and acts of threatening to abuse the victim or any other person related to her. As per the Explanation I (iii) "verbal and emotional abuse" includes (a) insults, ridicule, humiliation, name calling, and insults or ridicule especially about not having a child or a male child; and (b) Repeated threats to cause physical pain to any person in whom the aggrieved person is interested. So, shared household or living under the same roof does not necessarily require committing an abuse of a victim of domestic violence where a domestic relationship exists. As per Section 27 of the Act, which addresses the jurisdiction of the Court a petition under the Domestic Violence Act can be filed in a court where the “person aggrieved” permanently or temporarily resides or carries on business, or is employed. So, on receipt of summons from the Court, post admission of the complaint of the victim, you should consult with an experienced Advocate for tailored advice and steps to defend the complaint before the Court.

Dear Client,

Domestic Violence case would be sustainable against you, the parents-in-law, in Ahmedabad given that you never resided in a shared household with your daughter-in-law. The core of the Protection of Women from Domestic Violence Act, 2005, hinges on the existence of a "domestic relationship" which requires parties to have lived together at some point in a "shared household."

Since your son and daughter-in-law lived independently in Bangalore and then Ahmedabad, and you remained in West Bengal, it would be extremely difficult for her to establish the prerequisite "shared household" with you. While courts sometimes interpret these provisions broadly to uphold the Act's protective intent, a complete absence of cohabitation significantly weakens the legal basis for a DV case against you specifically as parents-in-law.

You should consult with a lawyer to review the specific allegations in the DV petition and discuss strategies for your defense, which may include seeking to have the proceedings against you quashed.