Cal HC | A mother is entitled to claim relief under Domestic Violence Act against his son; law on “aggrieved person” under DV Act restated
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Calcutta High Court: Madhumati Mitra, J., dismissed an application filed against the order of the Sessions Judge whereby he upheld the order passed by the Magistrate who had directed the petitioner to pay monthly monetary relief to his mother and also her medical expenses.
The respondent, the mother of the petitioner, had filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (“DV Act”), claiming various reliefs. Allowing the said application, the Magistrate passed the impugned order as stated above under Section 18 of the DV Act. Challenging the said order, the petitioner filed the instant application.
Abdulla Rahamani and K. Basar Bulbul, Advocates for the petitioner, submitted that there was an ongoing land dispute between the petitioner on one side and his mother along with his two brothers on the other side. Denying all the allegations, the petitioner contended that the Section 12 application was filed by his mother on the instigation of his brothers. It was further contended that the dispute was purely of civil nature between the mother and her two sons and the mother could not be regarded as an “aggrieved person” within the meaning of the DV Act.
The High Court considered that the mother, in her application under Section 12, described that she was subjected to physical and mental torture by the present petitioner. On the point of law, the Court restated: “Section 2(a) of the Act of 2005 has defined the term ‘aggrieved person’. ‘Aggrieved Person’ means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent.”
It was further observed: “Section 2(f) of the Act of 2005 defines ‘domestic relationship’. Domestic relationship means 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 noted that in the present case, the parties were related to each other, i.e., the relationship between son and mother. They have been in a relationship where both parties lived together in a residence. the Court below elaborately analysed the evidence o record, the relationship between the parties, their economic condition and the income of the other two sons of the respondent; and, thereafter, came to the conclusion that the mother was entitled to get the reliefs under the DV Act.
In such circumstances, the High Court found no grounds to interfere with the impugned order. Resultantly, the interim application was dismissed. [Goutam Chanda v. Gouri Ram Chandan, CRR No. 2126 of 2015, decided on 02-12-2019]
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