• Legal remedy for FIR lodged

What is legal remedy if the police registers an FIR of offence against daughter-in-law lodged by her mother-in-law under Maintenance and Welfare of Parents and Senior Citizen Act, 2007 where her children not daughter-in-law are responsible and obligated u/s. 4 of the said act?
Asked 3 years ago in Criminal Law from Howrah, West Bengal
There is no role of police in this regard. Secondly the DIL is not responsible for maintaining her MIL.
Nadeem Qureshi
Advocate, New Delhi
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The daughter-in-law is not liable to maintain her mother-in-law as the obligation rests entirely on her children. To remedy this the daughter-in-law may move the High Court for quashing the FIR against her.
Ashish Davessar
Advocate, Jaipur
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450 Consultations
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Hello,

The offences under the above act are cognizable and bailable in nature (section 24 & 25). That means the police has power to lodge an FIR in the matter. In case an FIR is registered, the offence being a bailable one, the accused may submit bail bonds before the police and there won't be any arrest in the matter.

The Daughter in Law is not responsible to maintain the Mother in Law, but an offence under section 24 can even be committed by a Daughter in Law. 

In case an FIR is registered against you, then the remedy is to either file for quashing of FIR before the Court or fight the trial. Unless I peruse the FIR I am not in a position to give any concrete advice.

Regards,
Nishant
Nishant Bora
Advocate, Jodhpur
111 Answers
31 Consultations
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Nothing further to say as every aspect is covered above.

Anil Gupta
Delhi
Anil Gupta
Advocate, New Delhi
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There is no role of police in this matter and daughter in law cannot be implicated in this case. Relax...  :)
Prithwish Ganguli
Advocate, Kolkata
21 Answers
12 Consultations
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