Historic Verdict: Allahabad HC Says Mother-in-Law Can Sue Daughter-in-Law for Domestic Violence

Up News: Recently, a unique case was filed in the Allahabad High Court where a mother-in-law registered a domestic violence case against her daughter-in-law. During the hearing, a significant question arose: Can a mother-in-law file such a case against her daughter-in-law? The court ruled in favor of allowing the complaint to proceed.

In an important ruling, the Allahabad High Court clarified that a mother-in-law can indeed file a complaint against her daughter-in-law under the Domestic Violence Act of 2005. Justice Alok Mathur delivered the judgment, upholding the summons issued by a lower court in Lucknow against the daughter-in-law and her family.

Domestic Violence Act Provides Protection to Mothers-in-Law

The case, titled Smriti Garima and others vs. State of Uttar Pradesh, saw the daughter-in-law and her family contesting the summons issued by the lower court. The court's judgment highlighted that the Domestic Violence Act safeguards any woman residing in a shared household who faces domestic abuse, extending its protection to mothers-in-law as well.

Court’s Reasoning Behind the Decision

The Allahabad High Court clarified that a woman residing in a shared household within a domestic relationship has the right to seek relief under Section 12 of the Domestic Violence Act if she faces mental or physical abuse. The court explained, "If a mother-in-law experiences mental or physical abuse from her daughter-in-law or any other family member, she qualifies as an aggrieved woman and is eligible to file a petition under Section 12 of the Act."

Background of the Case

In the original complaint, the mother-in-law accused the daughter-in-law of pressuring her husband (the mother-in-law's son) to go live with her maternal family. Additionally, the daughter-in-law was accused of misbehaving with the in-laws and threatening to implicate them in false legal cases. On the other hand, the daughter-in-law’s lawyer argued that this complaint was filed in retaliation for a dowry harassment and domestic violence case filed by the daughter-in-law against the in-laws.

Court’s Final Verdict

After hearing arguments from both sides, the court concluded that the mother-in-law's complaint prima facie constituted a case under Section 12 of the Domestic Violence Act. Therefore, the summons issued by the trial court were valid. The court stated, "Sections 2(f), 2(s), and Section 12 read together clarify that any woman who has lived in a shared household in a domestic relationship with the respondent will be considered an aggrieved woman."

This decision from the Allahabad High Court marks an important step in recognizing the rights of mothers-in-law under the Domestic Violence Act. It confirms that domestic violence laws are not limited to women like daughters-in-law, but also extend to protect mothers-in-law from abuse within the household.