Magistrate asked to look afresh mother’s plea against son
Coming to the rescue of an 80- year-old woman, a Delhi court has directed a magisterial court to consider afresh her plea for protection and restraining her son and daughter-in-law from carrying out domestic violence against her.
The sessions court said the magistrate’s order declining any interim relief to the woman was not sustainable under law. “What emerges from the discussion is that appellant who is an old lady, is out of possession of her own property and despite approaching the competent court of law, no interim reliefs have been granted to her by the court below.
The view taken by trial court while declining to grant interim reliefs, is not sustainable under the law...,” Additional Sessions Judge Vidya Prakash said.
“This is more so when the averments made by appellant regarding acts of domestic violence committed by respondents (son and daughter-in-law) got prima facie supported from DIR
(domestic incident report), status report filed by SHO and MLC placed on record,” the court said.