Delhi High Court: Domestic Violence Act Does Not Protect Husbands
The Delhi High Court recently ruled that the Protection of Women from Domestic Violence Act, 2005 (DV Act) is meant only for women and does not provide protection to husbands or male family members.
Justice Jasmeet Singh, while hearing a plea from a woman, stated that according to Section 2(a) of the DV Act, the law is clearly intended to safeguard women in domestic relationships. The court observed that men, including husbands, cannot be considered “aggrieved persons” under this law.
The woman in this case had approached the High Court to challenge a domestic violence complaint filed by her husband before a local magistrate. She requested that the proceedings against her be dismissed.
Her lawyer, Advocate Ashima Mandla, argued that the husband’s complaint under Section 12 of the DV Act was not valid, as the Act only allows female victims of domestic abuse to seek relief. She pointed out that the Act defines an “aggrieved person” only as a woman.
The woman also referred to the Supreme Court’s ruling in Hiral P. Harsora v. Kusum Narottamdas Harsora, which broadened the definition of “respondent” to include both men and women. However, the court maintained that only women can file complaints, while either gender may be named as respondents or perpetrators.
Additionally, it was argued that under Section 498A of the Indian Penal Code, a woman is recognized as the victim, even though both men and women can be perpetrators.
Considering all these points, the Delhi High Court stayed the proceedings in the husband’s complaint case, which was pending before the Matrimonial Magistrate at Karkardooma Courts. The matter will remain on hold until the next date of hearing.
This decision reinforces the gender-specific nature of the DV Act, highlighting that it is designed to protect women from domestic violence, not to be used by men to seek protection.
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