The Supreme Court has held that even the
brother-in-law has a liability to pay maintenance to a victim under the
Domestic Violence Act, 2005.
The court has held that Protection of Women from
Domestic Violence Act, 2005 provides for the liability of maintenance on any
adult male person who has been in a domestic relationship with the complainant.
The Protection of Women from Domestic Violence
Act 2005 is an Act of the Parliament of India enacted to protect women from
The Act covers all women who may be mother,
sister, wife, widow or partners living in a shared household. The relationship
may be in nature of marriage or adoption. Further, relationships with family
members living together as a joint family are also included.
A child is also entitled to relief under the
Domestic Violence Act. The mother of such a child can make an application on
behalf of her minor child (whether male or female).
Domestic relationship, as under the Act, is any
relationship where the two persons have at any point in time resided in a
shared household. A shared household is defined to mean any property where the
complainant and respondent have lived at any stage.
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