The Bombay High court in one of its judgements has said a legal representative under the Domestic Violence Act is the victim woman who has died, can not file a application for monetary benefits on her behalf. Justice Sandeep Shinde dismissed a application filed by a minor girl (through material grand mother) on behalf of her mother. In which financial relief,streedhan, and compensation were demanded from his father and grandparents. the court held that the right of aggrieved person to demanded financial relief, Protection order, compensation claims under the Domestic Violence Act is personal, statutory and indispensable.this rights ceases after the death of the aggrieved person. therefore the right enjoyed by the aggrieved person can not be enforced by their legal representative. The court said where the Act allows a application to be filed by another person on behalf of the aggrieved person. the same other person can not independently maintain the application.section 12 of the Domestic Violence Act allows only the aggrieved person to file a application under the Act through any other person. The court said that under the Act, the aggrieved person should be alive at the time of making the application. According to the case,Suchita and Kedar got married in November 2009.a daughter was born in October 2012.suchita died in 2013 after an illness. the minor daughter filed a application in a Pune court,in which it was alleged that Suchita was neglected by her husband and in-laws during the marriage.in the application of Domestic Violence Act,a demanded streedhan,60 lakhs spent treatment of Suchita and 50 lakhs for the maternal grandmother was demanded as compensation. The application was rejected by the court of judicial magistrate,Pune in March 2019 which was confirmed by the court of session doesn in March 2021.therefore a application was filed in the High Court, the result of this decision has come.
Can a legal representative of the deceased woman file a application for monetary benefits under the Domestic Violence Act-2005.
byIndian law express
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