Law4u - Made in India

Can Parents Of A Woman Also Be Protected Under DV Law?

Answer By law4u team

The Protection of Women from Domestic Violence Act, 2005 (PWDVA), is primarily designed to protect women from domestic abuse within a shared household. It specifically protects the aggrieved woman and does not extend its coverage to other family members, including parents. However, other laws and provisions exist to protect parents and elderly family members from abuse.

Can Parents of a Woman Be Protected Under DV Law?

PWDVA Protects Only Women as Aggrieved Persons

The Act defines the aggrieved person as a woman who is or has been in a domestic relationship with the respondent. Parents of a woman are not covered under PWDVA unless they themselves qualify as aggrieved women in a domestic relationship.

Parents Cannot File DV Complaints as Per PWDVA

Since the Act is gender-specific and relationship-specific, parents cannot file complaints under PWDVA for abuse they face in the family.

Protection Under Other Laws for Parents

  • Maintenance and Welfare of Parents and Senior Citizens Act, 2007: Parents can seek maintenance if they face neglect or abuse from their children.
  • Indian Penal Code (IPC) Sections 498A and 323: In cases of physical or mental cruelty by children or relatives, parents can seek remedies under these provisions.
  • Elder Abuse Laws: Some states have specific provisions or rules addressing abuse or neglect of elderly persons.

Parents Can Support DV Cases as Witnesses

While parents cannot be aggrieved parties, they may provide evidence or support in domestic violence cases involving their daughter or other family members.

Legal Remedies Available to Parents

  • File for maintenance under the Maintenance and Welfare of Parents and Senior Citizens Act.
  • Approach the police or civil courts for cases involving physical abuse or neglect.
  • Seek protection orders or injunctions under relevant laws if immediate threat exists.
  • Access government schemes and NGOs supporting elder rights and protection.

Example

Scenario:

An elderly mother is abused and neglected by her son and daughter-in-law, including verbal insults and denial of basic needs.

Steps She Should Take:

  • File a maintenance application under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
  • Lodge a police complaint under IPC sections related to cruelty or physical assault.
  • Approach a local senior citizens’ welfare organization for assistance.
  • Seek legal aid if unable to afford private counsel.
  • Document all instances of abuse and neglect for evidence.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Navin Vaishnav Ajmer

Advocate Navin Vaishnav Ajmer

Criminal, Court Marriage, Divorce, Domestic Violence, Cheque Bounce, Banking & Finance, Arbitration, Anticipatory Bail, Family, High Court, Motor Accident, Muslim Law, Landlord & Tenant, Customs & Central Excise, Consumer Court, Child Custody

Get Advice
Advocate Shashank Tiwari

Advocate Shashank Tiwari

Anticipatory Bail, Cheque Bounce, Child Custody, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Labour & Service, Medical Negligence, Motor Accident, Trademark & Copyright, Court Marriage, Consumer Court

Get Advice
Advocate Ravi Prakash Rai

Advocate Ravi Prakash Rai

Breach of Contract, Cheque Bounce, Civil, Consumer Court, Corporate, Criminal, Cyber Crime, GST, Domestic Violence, Landlord & Tenant, Motor Accident, Recovery, Tax, Revenue, Anticipatory Bail

Get Advice
Advocate Hitesh Dubey

Advocate Hitesh Dubey

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Court Marriage, Corporate, GST, Consumer Court, Civil, Child Custody, Cheque Bounce, Breach of Contract, Criminal, Cyber Crime, Domestic Violence, Family, Documentation, Divorce, High Court, Immigration, International Law, Insurance, Labour & Service, Landlord & Tenant, Property, Patent, Motor Accident, Medical Negligence, Media and Entertainment, Recovery, RERA, Startup, Succession Certificate, Tax, Trademark & Copyright, Revenue, Customs & Central Excise, NCLT

Get Advice
Advocate Abhijeet Panchariya

Advocate Abhijeet Panchariya

Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Cheque Bounce, Consumer Court, Corporate, Criminal, Cyber Crime, High Court, Insurance, NCLT, Patent, Property, Recovery, RERA, Trademark & Copyright

Get Advice
Advocate R S Raghuwanshi

Advocate R S Raghuwanshi

Cheque Bounce, Civil, Criminal, GST, Domestic Violence, Family, Insurance, Motor Accident, Tax, Trademark & Copyright

Get Advice
Advocate Sonal

Advocate Sonal

Civil, Criminal, Divorce, Family, High Court

Get Advice
Advocate Pankaj Kumar Sharma

Advocate Pankaj Kumar Sharma

Anticipatory Bail, Banking & Finance, Cheque Bounce, Consumer Court, Criminal, Cyber Crime, Divorce, Family, Insurance, Motor Accident

Get Advice

Marriage and Divorce Laws Related Questions

Discover clear and detailed answers to common questions about Marriage and Divorce Laws. Learn about procedures and more in straightforward language.