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Can an aggrieved mother-in-law apply under the Protection of Women from Domestic Violence Act, 2005 for…

In Hiral P. Harsora v. Kusum Narottamdas Harsora, (2016) 10 SCC 165, the Supreme Court struck down the words ‘adult male’ and the proviso in section 2(q). A daughter-in-law…

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Can an aggrieved mother-in-law apply under the Protection of Women from Domestic Violence Act, 2005 for relief against a daughter-in-law with whom she lives in a shared household?

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Correct answer A

In Hiral P. Harsora v. Kusum Narottamdas Harsora, (2016) 10 SCC 165, the Supreme Court struck down the words ‘adult male’ and the proviso in section 2(q). A daughter-in-law in a domestic relationship can therefore be a respondent. The mother-in-law must be an aggrieved person under section 2(a) and may apply for relief under section 12, subject to the requirements of the particular remedy.

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Option A

An aggrieved woman can apply for relief under section 12. A daughter-in-law in the domestic relationship can be a respondent under section 2(q) as construed in Hiral P. Harsora.

Option B

The respondent's sex does not bar the application. The mother-in-law must qualify as an aggrieved person and allege domestic violence.

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