‘Law can be invoked by mother and sister’

The Centre on Friday informed the Supreme Court that not only the aggrieved wife but also the mother and sister can invoke the Domestic Violence Act for relief against the son.

“It is not just the daughter-in-law who can invoke the Domestic Violence Act, 2005 against the husband, but even the man’s own mother, sister or any other aggrieved woman can invoke the provision,” the Centre said, pointing out that at present the law is invoked by aggrieved daughters-in-law facing domestic, matrimonial or dowry-related violence.

However, the Centre said that a mother/sister can invoke the DV Act only against the son/brother as the case may be, but not against the daughter-in-law.

“The scope of definition is wide enough to include a person as aggrieved person who lives or at any stage has lived in a domestic relationship either singly or along with the respondent (husband/male member). Hence a daughter or mother who may be living elsewhere would be entitled to relief under the Act in case they fall under the definition of ‘aggrieved person’ and have lived in a domestic relationship in a shared household with the respondent at any stage,” the ministry of women and child welfare department has said in an affidavit.

The affidavit has been filed in response to an earlier directive by the top court to the Centre and attorney-general Mukul Rohatgi on interpretation of the law as to whether the DV Act can be invoked only by the wife or other women too.

The apex court had also asked whether a mother, daughter or other relatives can seek action under the DV Act.

Further it wanted to know whether any case under DV Act can be filed against daughter-in-law by the mother/sisters.