Moumita Biswas
Asked March 19, 2017

Domestic violence complaint against brothers

  • 1 Answer
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If a married sister file domestic violence act against her brothers then is it effective?

Answer 1

The act of Domestic Violence, 2005 states that a complaint can be filed against any adult male member who is in a domestic relationship with the aggrieved person. the family members include father, brother, mother-in-law, father-in-law, brother-in-law etc. or any relative of the husband or male partner. Kusum Lata Sharma vs State & Anr[i], the Delhi High court held that a sister cannot file a complaint against her brother's wife, or her own sister, but can file a case against her brother on sufficient grounds.

 

Section 3 of the Domestic Violence Act, 2005 states that what constitutes domestic violence according to which domestic violence shall include: -

(a) Threats to health, safety, life etc, whether mental or physical, including physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or

(b) Harassmentthrough any forms such as harms, injuries to the aggrieved person by coercing her or any other person related to any unlawful demand for dowry or other property  or valuable security; or

(c) Otherwise injuring or causing harm, through physical or mental means to the aggrieved person.

 

She can file a complaint against her brother on the following sections:

  • Section 340 & 349: wrongful confinement & wrongful restraint.
  • Section 351: Assualt
 

[i] Crl. M.C. No. 725/2011 & Crl. M.A. No.2797/2011

 

Agree Comment 0 Agrees over 3 years ago

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