Cannot Be Exempted From Maintaining Child Even If Other Spouse Earns Sufficiently Well: Delhi HC

_*⭐Cannot Be Exempted From Maintaining Child Even If Other Spouse Earns Sufficiently Well: Delhi HC [Read Judgment].*_
http://www.livelaw.in/cannot-exempted-maintaining-child-even-spouse-earns-sufficiently-well-delhi-hc-read-judgment/

Whether proceeding under domestic violence Act can be conducted by brother of aggrieved woman?

Whether proceeding under domestic violence Act can be conducted by brother of aggrieved woman?

 Under Section 12 of the D.V. Act, an aggrieved person or a
Protection Officer or any other person on behalf of the aggrieved person has
been given a right to file an application to the Magistrate seeking various
reliefs permissible under the Act.   The conditions necessary for preferring
such an application are that the application must be filed by an aggrieved
person or any other person on behalf of the aggrieved person and that the
aggrieved person must be a woman, who is or who has been in domestic
relationship with the respondent and who is subjected to any act of domestic
violence by the respondent.  In the present case, the application has been filed
on behalf of the respondent by her brother.   The reason being that, at the
time of filing of the application, the respondent was doing her fellowship in
medicine at Bangalore.  The brother of an aggrieved person would certainly
fall within the meaning of the expression “any other person on behalf of the
aggrieved person”, used in Section 12 of the D.V. Act.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL WRIT PETITION NO.656 OF 2015
Dr. Akshay s/o Navalkishor Lakhotiya,
Vs Dr. Arti w/o Akshay Lakhotiya,CORAM   :  S. B. SHUKRE, J.
Dated :   15th DECEMBER, 2016.
Citation: 2017(2) MHLJ 235 Bombay.  http://www.advok8.in/Consult/ConsultAll.aspx

If a husband submits himself for an operation of sterilization without medical reasons and without the consent or knowledge of his wife and, similarly, if the wife undergoes vasectomy or abortion without medical reason or without the consent or knowledge of her husband, such an act of the spouse may lead to mental cruelty.

If a husband submits himself for an operation of sterilization without medical reasons and without the consent or knowledge of his wife and, similarly, if the wife undergoes vasectomy or abortion without medical reason or without the consent or knowledge of her husband, such an act of the spouse may lead to mental cruelty.

Unilateral decision of refusal to have intercourse for considerable period without there being any physical incapacity or valid reason may amount to mental cruelty.

Unilateral decision of either husband or wife after marriage not to have child from the marriage may amount to cruelty.