Can mother-in-law file domestic violence case against daughter-in-law? Allahabad High Court answers

The Allahabad High Court recently ruled that a mother-in-law can file a case under the Protection of Women from Domestic Violence Act, 2005 (Act) against her daughter-in-law [Smt Garima And 5 Other v. State of UP]..Justice Alok Mathur upheld a trial court’s issuance of summons to a daughter-in-law and her family members on a complaint moved by her mother-in-law.The Court after examining Section 12 of the Act opined that an application for relief under the provision can be filed by any aggrieved woman in a domestic relationship in a shared household, and rejected the argument that a mother-in-law cannot file such a case.“In case, mother-in-law is harassed or physically or mentally tortured by the daughter-in-law or any other member of the family, certainly she could be brought within the fold of aggrieved person and would have a right to maintain the application under Section 12 of the Protection of Women from Domestic Violence Act, 2005,” the Court held..It added that the law enacted in 2005 is a beneficial legislation for women, who are subjected to domestic violence and applicability of law cannot be curtailed “but has to be liberally interpreted”.The Court passed the judgment on a petition moved by a woman and her five relatives who were summoned by an Additional Chief Judicial Magistrate in Lucknow last year. .In the complaint before the magistrate, the mother-in-law (complainant) alleged that the daughter-in-law was pressurising her husband (complainant’s son) to start living with her parents. It was also alleged that the daughter-in-law was misbehaving with the mother-in-law and other family members. The complaint also said that the daughter-in-law had threatened the mother-in-law with false cases. However, the counsel representing the daughter-in-law told the High Court that the mother-in-law’s complaint was a counter blast to a domestic violence and dowry case filed by her against her in-laws..Considering the arguments, the Court said a prima facie case under Section 12 of the Domestic Violence Act was made out in the complaint filed by the mother-in-law. The Court examined the provisions of the Act to address the question of maintainability and said,“On conjoint reading of the above sections, it can be inferred that the aggrieved person can be any woman who has lived in a domestic relationship in a shared household with the respondent. Here, in this case, the mother in law is the aggrieved woman who has shared household and lived together with the daughter in law in a domestic relationship as a joint family and therefore has a right to file application under Sec. 12 of the Act of 2005.”Accordingly, the Court rejected the petition challenging the summons issued by the trial court..Advocate Sushilendra Kumar Sahu represented the petitioners. [Read Judgment]