Recently, the single judge bench of the Allahabad High Court held that in case, mother-in-law is harassed or physically or mentally tortured by the daughter-in-law or any other member of the family, certainly she could be brought within the fold of aggrieved person and would have a right to maintain the application under Section 12 of the Protection of Women from Domestic Violence Act, 2005.
Brief facts:
The factual matrix of the case is that the complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 was made in which it was alleged by the Opposite Party no. 2 that her son got married to applicant no. 1 and she regularly created pressure upon her son to start living along with her parents in Raebareli and when the son of opposite party no. 2 refused the request of his wife, applicant no. 1 started misbehaving with her son as well as the complainant and her family members. It was furthermore alleged that her misbehaviour started getting from bad to worst. The trial court duly considered the same and issued notices to the applicant. Aggrieved by this, the present petition under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (482 Cr.P.C.) has been filed.
Contentions of the Applicant:
The learned counsel appearing on behalf of the Applicant contended that the entire proceedings have been initiated with malafide intention as the FIR under Sections 498-A, 323, 504 & 506 IPC and Section 3/4 of the Dowry Prohibition Act was lodged against the opposite party no. 2 and only as a measure of counter blast, the present proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005 have been initiated.
Observations of the court:
The Hon’ble Court observed that the prima facie case is made out from the complaint under Section 12 of the Domestic Violence Act. A perusal of Section 12 of the said Act indicates that the application can be filed by any person, who has been described as "aggrieved person". Though the definition of aggrieved person has not been given in the said Act but certainly the definition of aggrieved person cannot be curtailed or narrow down. In case, mother-in-law is harassed or physically or mentally tortured by the daughter-in-law or any other member of the family, certainly she could be brought within the fold of aggrieved person and would have a right to maintain the application under Section 12 of the Protection of Women from Domestic Violence Act, 2005.
It was furthermore observed that the Act of 2005 is a beneficial legistation for women, who are subjected to domestic violence and applicability of the said Act cannot be curtailed but has to be liberally interpreted.
Based on these considerations, the court rejected the submissions made by the applicant and was of the view that the order passed by the learned additional chief judicial magistrate requires no interference.
The decision of the court:
With the above direction, the court dismissed the application.
Case title: X vs. State Of U.P. Thru. Secy. Home Deptt. Lko. And Another
Coram: Hon’ble Mr. Justice Alok Mathur
Case No.: APPLICATION U/S 482 No. - 2697 of 2025
Advocate for the Applicant: Sushilendra Kumar Sahu
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