Father-in-law not liable under domestic violence law for not controlling son: Delhi HC

The Delhi High Court has held that a father-in-law cannot be held responsible under the Domestic Violence Act merely for failing to intervene in the conduct of his adult son.

Justice Madhu Jain made the observation while dismissing a woman’s challenge to a lower court order that had declined to proceed against her father-in-law over allegations of domestic violence.

The woman had alleged that her father-in-law failed to take action against her estranged husband over his alleged involvement with another woman.

Examining the scope of Section 3 of the Domestic Violence Act, the High Court noted that the provision covers conduct causing or threatening physical or mental harm, including verbal, emotional and economic abuse. However, the Court stressed that the mere existence of a domestic relationship does not, by itself, attract the provisions of the Act.

Since the father-in-law had not participated in the alleged matrimonial misconduct, the Court said he could not be held liable simply because he had not exercised control over his adult son.

“A father cannot be made liable under the DV Act merely because he did not control the conduct of his adult son,” the Court observed. in its August 19 order.