no DV case is maintainable against divorced daughter in law

2) in order to come within ambit of DV it is necessary that there should be shared household and domestic relationship

3) after divorce there is no domestic relationship . hence no DV case is maintainable

No DV case is maintainable once the divorce has been obtained, to file a divorce case one has to be within the ambit of married relationship.You may refer to the following judgment:

https://drive.google.com/file/d/0BzXilfcxe7yudUpFVDF2S29MVkk/view

Regards

In 2010, the Bombay High Court in the case of Kusum Lata Sharma vs State & Anr, held that a sister cannot file a complaint against her brother's wife, or her own sister.

Going by the same reasoning, a mother-in-law if subjected to domestic violence by daughter-in-law cannot file a case against her daughter-in-law. Even an affidavit to this effect has been submitted by the Central Govt. before the Hon'ble Apex Court in a matter which is still pending.

1. You have not mentioned as to when the divorce has taken place and when the DV case has been filed for advising you properly.

2. It is also to be informed as to DV pertaining to what date has been alleged against in the said DV case filed by the MIL.

3. However, the DV case filed by the MIL against her divorced daughter in law is maintainable.provided the act of the domestic violence has alleged to have taken place before the daughter in law got the decree of divorce.

4. the said DV case is to be contested now fittingly by the DIL.

Mother in law has right to move a petition under protection of women from Domestic Violence Act against her daughter in law but there is some conditions which should be fulfilled before filing of such petition. She has to prove that when violence was committed by her daughter in law she was living in the share household of her daughter in law. If mother in law has been residing in her own house then no petition under the domestic violence act can be maintainable.

When mother in law has moved such petition after decree of divorce then This petition is liable to be dismissed on the ground that it is barred by res judicata. When mother in law has right to move such partition in the subsistence or during the pendency of divorce petition. she cannot move such partition after decree of divorce because according to rule of natural justice a person cannot be prosecuted twice for the same cause of action. you should protest This petition.

It's not only a woman who is the wife or live-in partner of a male abuser who is entitled for relief under the Protection of Women from Domestic Violence Act. Even other women in a domestic relationship with him [abuser] in a shared household are entitled to it, the Bombay HC ruled.

In other words, a mother can now file a complaint against her daughter-in-law or daughter. Also, a woman can file a case against her sister-in-law and sister.

While hearing a challenge to the constitutional validity of Section 2 (q), which restricts definition of a respondent to a husband or male partner, a division bench of Chief Justice Mohit Shah and Justice M S Sonak said definition of aggrieved persons and domestic relations under the scheme of the Act is wide enough to include other than a wife or woman live-in partner.

The judges gave the verdict on a petition filed by Haji Ali resident Kusum Harsora (54) and her mother Pushpa (78), saying that exclusion of a woman other than wife/ live-in partner of a male abuser is discriminatory. A magistrate had rejected their complaint against a sister-in-law and Kusum's two sisters saying "mother" and "sister" do not qualify as "aggrieved persons" under the Act.

The judges passed their verdict in line with a Delhi HC ruling upholding inclusion of a mother for relief. It was upheld by the apex court.

in a recent judgement of 2010 in the case of Kusum Lata Sharma vs State & Anr, the Bombay High court held that a sister cannot file a complaint against her brother's wife, or her own sister. A mother-in-law if subjected to domestic violence by daughter-in-law cannot file a case against her daughter-in-law however she can file a complaint case against her son mentioning the name of the daughter-in-law as the agent of her son.