In domestic violence case can relative of husband become party to case

790 votes

The jurisdiction under section 7 of the Family Courts Act insofar as the parties to the proceedings are concerned, is limited to between the parties to the marriage. However, scope of the term 'respondent' is wider under section 2(q) of the D.V. Act. The proviso to section 2(q) of the D.V Act states that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner. But, the Court has power to delete the parties, who are not necessary for adjudication of the issue.

LawRato LawRato

740 votes

Legal questions don't have Yes or No answers. Like life, the laws are subjective and no MCQs here.
Anyways, your query regarding relatives being made party to proceedings under Domestic Violence Act can be answered if the full details are provided by you. Legally speaking yes, a relative can be made a Respondent, however, such person must be in a domestic relationship with the aggrieved woman, who must be either a wife or in a living in relationship in the nature of marriage. Not all such persons can be made respondents, you must be able to establish that such person was indeed in a domestic relationship with you.
Hope that answers your query.

Advocate Wg Cdr Mohammed Mujeeb (Retd) LawRato

622 votes

Yes, relatives of husband if residing in the same house i.e. Shared Household can become a party , provided there are allegations against them. To satisfy the legal requirement of Shared House hold the kitchen should be common. If they reside in same building but seperatelty and have separate kitchen then DOmestiv Violence case doesn't lie against them.

Advocate Pankaj Kumar LawRato

880 votes

A husband's relative can definitely become a party under the Domestic Violence Act, 2005. In order to make them a party such person should have been a part of the act directly or indirectly. The case should be drafted properly and the incident/s should be mentioned mentioning the role played by the relative in order for the court to summon the relative.

Advocate Chirag Madan LawRato

803 votes

No in a domestic violence case domestic relation has to be established. Therefore husband relatives I'm sure would not be sharing the same house, Therefore there is no domestic relationship established.

Advocate Nishant Solanki LawRato