Woman cannot book her in-laws under the Domestic Violence Act if the parents are not living with their son and his wife

Harbans Lal Malik vs Payal Malik

Delhi HC


(2010) DLT 67; Crl. Rev. P. No. 253/2010

About/from the judgment:

Once a son grows and he starts earning, marries, makes his separate home, and sires children the burden of his wife cannot be put on the shoulders of his father or brother on an estrangement between husband and wife. This burden has to be borne by the husband alone and not by the parents or bothers or sister of the husband, unless and until the husband had been contributing to the joint family as a member of HUF and has a right of deriving benefits from the joint family. If the husband had not been contributing or deriving benefits from the joint family, had not been member of the joint family and the parents had been treated like any other relative, how can the parents be burdened with the responsibility of his wife.

Read the Judgment

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