Mother-in-law who is not party to DV case can't file appeal: Jammu & Kashmir High Court

The Jammu & Kashmir and Ladakh High Court recently said that a mother-in-law, who is neither a party before the trial court nor affected by its order, cannot seek appellate remedies under the Protection of Women from Domestic Violence Act, 2005 (DV Act).

Justice Vinod Chatterji Koul dismissed a plea filed by a mother-in-law challenging the refusal of a Sessions Court to grant her leave to appeal against an order passed by a Magistrate in a domestic violence case filed by her daughter-in-law.

"Admittedly, petitioner does not fall within the definition of aggrieved person, therefore, is not entitled to file appeal as she is neither the party before the Trial Court nor has order been passed against her," the Court said.

The appellate court had dismissed her application on the ground that she did not qualify as an ''aggrieved person'' under Section 20(a) of the DV Act.

She moved the High Court challenging the decision.

It was submitted that she being the mother-in-law of the victim of domestic violence, can file appeal under Section 29 as she would fall within the definition of aggrieved persons.

However, the High Court noted that the right to file appeal under Section 29 of the DV Act is exclusively available to those who fall within the definition of ''aggrieved person'' and are directly affected by the orders of the trial court. Thus, it dismissed the plea with a liberty to the petitioner to approach the trial court with an application for impleadment as a party.

Advocates SN Ratanpuri and Fiza Khursheed represented the petitioner.

[Read Order]