Delhi High Court Rules Husband Not Entitled to Protection Under Domestic Violence Act
The Delhi High Court recently ruled that husbands and other male family members are not entitled to protection under the Domestic Violence Act, which is designed to shield women from abuse. Justice Jasmeet Singh emphasized that the act’s provisions specifically aim to protect women.
Justice Singh stated, “Prima facie, it appears that under Section 2(a) of the Protection of Women from Domestic Violence Act, 2005, the protection of the Act is not available to male family members, especially the husband.”
The court was addressing a plea from a woman seeking to dismiss her husband’s complaint filed under the Domestic Violence Act. The husband had initiated proceedings under Section 12 of the act, which the woman’s lawyer, Advocate Ashima Mandla, argued was contrary to the essence of the act. Mandla pointed out that Section 2(a) defines an “aggrieved person” as a woman.
Additionally, the plea highlighted that the protection under the act does not extend to male members, particularly husbands. It was also noted that while Section 498A of the IPC allows both men and women to be accused, only a woman can be the injured party under this section.
The woman’s plea referenced the Supreme Court’s decision in the case of Hiral P. Harsora v. Kusum Narottamdas Harsora, which expanded the definition of “Respondent” or “Perpetrator” in Section 2(q) of the Domestic Violence Act to include both genders, not just men.
Considering these arguments, the bench has stayed the proceedings in the husband’s complaint case pending before the Matrimonial Magistrate at Karkardooma Courts, Delhi, until the next hearing date.
This ruling reaffirms that the Domestic Violence Act’s primary intent is to protect women from domestic abuse and does not extend protection to husbands or male family members.
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