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Allahabad High Court on Domestic Violence: If the daughter -in -law can get her mother -in -law a case of domestic violence or not? Law

by Amit Tripathi
April 18, 2025
Allahabad High Court on Domestic Violence: If the daughter -in -law can get her mother -in -law a case of domestic violence or not? Law

Lucknow. Usually such cases come up that a woman makes a case of domestic violence against her mother -in -law and in -laws. Now the question arises that if a daughter -in -law starts committing violence against her mother -in -law, can the mother -in -law make a case of domestic violence against her daughter -in -law? The matter came to the Allahabad High Court and the court has ruled on it. The case is of Smriti Garima and other vs. Uttar Pradesh. Allahabad High Court Justice Alok Mathur, after hearing the case, has given an important verdict whether a woman can file a domestic violence case against her daughter -in -law or not?

The summons of a trial court in Lucknow, the capital of UP, was challenged by the daughter -in -law and her family. The Allahabad High Court ruled after hearing that any mother -in -law can file a case against the daughter -in -law under the Domestic Violence Act 2005. The court has also corrected the summons of the trial court issued against the daughter -in -law and her family. High Court Justice Alok Mathur said that under Section 12 of the Domestic Violence Act, any woman can move the court for relief. The Allahabad High Court said that the woman can complain, who is suffering and lives in a shared house. The court said that if the mother -in -law or a member of the family gives mentally or physically tortured to the mother -in -law, she will also come under the definition of the victim.

In the petition given in the trial court, the mother -in -law alleged that her daughter -in -law was pressurizing her husband to stay in her maternal home. The woman also alleges that the daughter -in -law treats her in -laws poor and threatens to implicate in a false case. At the same time, the woman’s daughter -in -law’s lawyer says that her client has alleged harassment for domestic violence and dowry. In response to which a petition has been filed on behalf of mother -in -law. The Allahabad High Court said that at first glance it seems that the mother -in -law is being tortured. In such a situation, it is right to issue summons from the trial court.

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