Summary
In this case, the Allahabad High Court refused to cancel the domestic violence case filed by a mother-in-law against her daughter-in-law and her family. The court said that even a mother-in-law can file a case under the Domestic Violence Act if she is harassed. But the background shows a deeper issue: misuse of laws to settle personal scores.
Facts of the Case
- A woman named Sudha Mishra (the mother-in-law) filed a domestic violence case against her daughter-in-law Garima and Garima’s relatives.
- She said Garima wanted her husband (Sudha’s son) to live with her parents. When he refused, Garima started mistreating him and his family.
- Sudha also claimed that Garima and her family took away cash and jewellery from the house on 30th June 2024.
- Before this, Garima had already filed a dowry and domestic violence case (498A, 3/4 DP Act) against her husband’s family and applied for maintenance under Section 125 CrPC.
- Garima and her family tried to cancel Sudha’s DV complaint by approaching the High Court under Section 482 CrPC.
Legal Sections Involved
- Section 12 of DV Act – Application for relief by a woman facing domestic violence
- Section 482 CrPC – High Court’s power to cancel false or unnecessary cases
- Definitions in DV Act – Aggrieved person, domestic relationship, shared household, etc.
What Garima (Petitioner) Argued
- The DV complaint by Sudha was fake and filed just to get revenge.
- She had already filed a case of cruelty and dowry harassment earlier.
- A mother-in-law can’t file a DV case under this law, as it’s meant for wives and daughters-in-law.
What the Mother-in-law Said (Respondent)
- Garima mentally and physically harassed her.
- She used abusive language and took away valuables.
- They lived in a joint family, so the DV Act should protect her too.
What the Court Said
- The trial court had enough material to issue summons; that decision was correct.
- At this early stage, the case should not be dismissed.
- The DV Act protects any woman in a household who is harassed, including a mother-in-law.
- The law must be interpreted broadly so women in need get justice.
Final Decision
The High Court rejected Garima’s plea. It said the mother-in-law’s complaint is valid under the law, and the case should continue in the lower court.
Comments from the author of this webiste
Let’s call it what it is — another case of legal tug-of-war between husband and wife’s families. First, the daughter-in-law filed a serious case against the husband and in-laws. Then the mother-in-law filed her own case against the daughter-in-law. Now, both sides are using legal weapons against each other.
This judgment shows a big problem — how easy it is to misuse laws meant to protect people. A woman misuses 498A, and then another woman (her mother-in-law) hits back using the DV Act.
Caught in the middle? The man.
Harassed by both legal systems and emotional drama.
This is why we keep demanding gender-neutral laws — because anyone can be a victim. Abuse doesn’t have a gender. And families shouldn’t be ruined by revenge cases.
Read Complete Judgement Here