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Confusion for 498 A IPC / Domestic violence act in a case


06-Sep-2023 (In Criminal Law)
Son beating mother on regular basis (outside house whenever he gets chance for different reasons)nson married and living with spouse, mother and father residing seperately but nearby n498A IPC applies here or Domestic violence Act or none
Answers (4)

Answer #1
817 votes
Domestic violence applies. Make an FIR of it earliest. Reach to service providers, make a dv complaint and take protection orders. Regards.
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Advocate Anubha

Adv. Anubha

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Answer #2
908 votes
client aa you have mentioned here is really a matter of cruallity agaiant parents which are old aged so in this matter 498a do not applies in any sense . in this matter domeatic voilance as well as protection of senior citizen act applies andyou can also file fir in this matter againat the son
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Advocate Vishwanath Pratap Singh

Adv. Vishwanath Pratap Singh

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Answer #3
825 votes
In your case 498 a will not be attracted bcoz 498 a is for for wife but here it is not wife …here it is mother ….so that is the difference ….yes it definitely covers domestic violence because your mother can get reliefs under the complaint case .. she can ask for five types of relief as per situation which includes monitory relief, compensation, residence order, protection order and then child custody …so in this case child custody will not work but other reliefs for sure …thank you n b in touch
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Advocate D. Khan

Adv. D. Khan

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Answer #4
540 votes
if sun is beating mother then firstly a police complaint must be filed either by the mother or by any relative or friend who has witnessed the beating given by the son to his mother. a case of domestic violence can also be filed in court. other Criminal action can also be taken which can be discussed.
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Advocate Kunal Seth

Adv. Kunal Seth

LawRatoDelhi | 700+ Answers
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