Women can file Domestic Violence against Brothers – Delhi HC

This is funniest, Crziest and most Pathetic law i ever heard, and thi scan possible only in INDIA. This is ultimate goal of Feminists is to rule the world ruining her own siblings family and Family system.

New Delhi: A woman, who is living with her brothers, can take refuge under the Domestic Violence Act in case of any harassment to her, a Delhi court has said.

“It emerges that when an aggrieved person lives or at any stage has been in domestic relationship with the respondents and has been subjected to any domestic violence, the Protection of Women from Domestic Violence Act 2005 is applicable,” additional sessions judge Shalinder Kaur said.

The court said that the welfare legislation could be invoked by a woman even against those with whom she had lived at any point of time.

It passed the observation while allowing a plea of widow,
whose petition seeking relief under the Domestic Violence Act against her brothers was dismissed by a metropolitan magistrate saying that there was no domestic relationship between her and her brothers.

She submitted that she was living with her brothers and alleged that they have forged her signatures in an effort to dislodge her from their ancestral property at Karol Bagh here.

Her brothers’ claim that they were not living in a shared household could not impress the court which noted, “all the respondents (brothers) at some point of the time had lived together in the same house. Moreover, the house in question is stated to be their ancestral house.”

READ  Eloped girl's father abducts boy for revenge, held

Explaining the provisions of the Act, the court said Section 2(f) connotes the meaning of “domestic relationship” as a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family.

The court, while granting relief to the woman, also took into consideration a report of the Protection Officer, appointed under the Act to look into the complaint of the aggrieved, stating, “it emerges that appellant is being subjected to abuses and harassment at the hands of respondents (brothers). It dismissed the order of the metropolitan magistrate with a direction to consider her plea afresh.

5 thoughts on “Women can file Domestic Violence against Brothers – Delhi HC

  1. Dear SIR

    What happened to our law maker who is enacting and passing the bill which have full of ambiguity.DV ACT 2005.

    Further Hon’ble Judges of HS and SC are having a super sense and wisdom to analyse the issue in right perspective.

    But in the case of DV act of any women it seems Hon’ble judges do not apply their mind and take it granted as true, genuine and reliable without adducing the evidence by the women and the reason is best known to them.

    WAIT SOON YOU WILL SEE THAT A BROTHER WILL FILE A CASE IN DV AGAINST HIS BROTHER OR OLD AGE PARENTS FOR HIS OBLIQUE MOTIVE-BECAUSE HE IS ALSO LIVING WITH THEM IN SHARED HOUSEHOLD AND COMES UNDER THE PURVIEW OF DOMESTIC RELATIONSHIP.

  2. I am suffering last few years due to my brother’s behavior. I am single and residing at my father’s house. But my brother is trying to capture the whole property. I am trying to establish a shop but he is not allowing me to open it.

    He always disturbing my daily life saying all abusive words and he does not take any responsibility of my mother. My father hass expired before 12 years. My other two sisters and myself are looking after our mother.

    I have complaint to local PS many times, but no action has yet been taken. Under these circumstances I am worried how will I live here.

    Please inform me if I can take action against my brother. I stay with my mother for last 12 years. Before that he used to stay with us. Now he stays in same premises with his family.

  3. If he stays with you then you can file Domestic violence on him, if Police is not taking any Action then write to SP and followup with RTI. or else report it to NCW/WCD on their website.
    Even you can go for your share in Property for more legal query Please post here http://advice.mynation.net for FREE Advice

Leave a Comment

Your email address will not be published. Required fields are marked *