Even brother-in-law can be asked to pay alimony: SC
Under the domestic violence law, the brother-in-law of the aggrieved complainant can be ordered to pay alimony, the Supreme Court underlined. The bench, headed by Justice DY Chandrachud, specified that no male in the family can be given immunity if he has shared a domestic relationship with the victim. The court noted that the Domestic Violence Act is well-worded in this regard. Here's more.
Understanding the case which led to the order
The bench made the observations while hearing a case in which a man was ordered to pay alimony to his brother's wife and child. The victim's husband and her brother-in-law ran a grocery store. The family's earnings were divided before the victim's husband passed away. But after his demise, the victim's brother-in-law showed reluctance in paying the alimony.
Lower court asked victim's brother-in-law to pay money
After the case went to the Punjab and Haryana High Court, an interim order was passed. The court ordered the man to pay Rs. 4,000 to the wife of his deceased brother and Rs. 2,000 to his niece. The victim's brother-in-law approached the apex court against the interim order, but his plea was rejected. Notably, the victim's family lives together.
Domestic Violence Act explains everything well, said the top court
In its verdict, the top court highlighted that the Domestic Violence Act doesn't leave any room for doubts. "The substantive part of Section 2(q) of the Act indicates that the expression "respondent" means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom relief has been," the court added.
Here's how domestic relationships are defined in the act
The aforementioned section defines 'domestic relationship' as a relationship between two people living in the same household. They can be related by consanguinity, marriage or through a relationship in the nature of marriage, adoption or are members living together as a joint family.
