The Delhi High Court has recently ruled that male family members, including husbands, are not entitled to protection under the Protection of Women from Domestic Violence Act, 2005 (DV Act). The court clarified that the law is designed specifically to protect women from domestic abuse.
Justice Jasmeet Singh, presiding over the case, noted that Section 2(a) of the DV Act makes it clear that the Act’s protection is not available to men, particularly husbands. The bench was responding to a plea filed by a woman seeking to dismiss her husband’s complaint under the DV Act.
Case Background:
The woman’s lawyer, Advocate Ashima Mandla, argued that the husband’s attempt to initiate proceedings under Section 12 of the DV Act went against the core purpose of the law. Section 2(a) of the Act defines an “aggrieved person” as a woman, meaning men cannot claim protection under this statute.
The argument highlighted that the DV Act was enacted to safeguard women from domestic violence, and extending its provisions to men would contradict the law’s original intent.
Court’s Observations:
The woman also referenced the Supreme Court’s ruling in the Hiral P. Harsora v. Kusum Narottamdas Harsora case, which broadened the definition of a “respondent” in Section 2(q) to include both men and women. However, the court maintained that the definition of an “aggrieved person” under Section 2(a) remains specific to women.
Given the arguments presented, the Delhi High Court directed that the proceedings in the husband’s complaint case, which was being heard at the Matrimonial Magistrate Court in Karkardooma, Delhi, be stayed until the next hearing.
Conclusion:
This ruling reinforces the idea that the Domestic Violence Act is intended to protect women and not male family members, especially husbands. The court’s decision reaffirms that men cannot invoke the Act’s protection, emphasizing the statute’s role in addressing violence and abuse against women.
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