Husband, Male Member Of Family Not Protected Under Domestic Violence Act, Says Delhi High Court

The Delhi High Court has said that a husband or male member of the family cannot seek safeguard under the Protection of Women from Domestic Violence Act, 2005.

Justice Jasmeet Singh of the Delhi HC made this clear while hearing a plea moved by a woman challenging the proceedings initiated by her husband under Section 12 of the Protection of Women from Domestic Violence Act.

UNSPLASH

What the law says

Section 2(a) of the Protection of Women from Domestic Violence Act defines an ¡°aggrieved person¡± as any woman who is, or has been, in a domestic relationship with the 'respondent' and alleges to have been subjected to any act of domestic violence.

The woman, in her plea, claimed that even under IPC Section 498A (husband or relative of husband of a woman subjecting her to cruelty), only a female person is considered aggrieved, whereas the accused/perpetrator may be male or female, hence gender neutral.

What the complainant said

She further said that the Metropolitan Magistrate has, in an "overzealous exercise of judicial overreach", without application of mind, by a non-speaking order instituted proceedings against her under the Protection of Women from Domestic Violence Act, 2005, even when it is stated that the protection and recourse under the Act are limited to a woman being an aggrieved person.

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The HC also stayed the proceedings in the complaint case filed by the husband before the Metropolitan Magistrate of Karkardooma Courts till February 14.

Any woman living in India can approach court: Madras HC

In a related case, the Madras High Court has held that any woman residing in India is entitled to seek relief from a court of law under the Domestic Violence Act, even if her spouse lives outside the country.

BCCL

Justice SM Subramaniam of the Madras HC issued the order while dismissing a petition filed by a US citizen, challenging a domestic violence complaint filed by his wife against him in a Chennai family court.

Aggrieved can be temporarily or permanently living in India

"Section 27 unambiguously stipulates that an aggrieved person temporarily residing or carrying out business or employed is also falling within the ambit of the Domestic Violence Act. Therefore, a person, who is temporarily residing in India or a Overseas Citizen of India, if abused economically by a spouse, who is residing in another country, is entitled to seek relief under the Act. The cause of action arises in India since the aggrieved person is residing in India," the court said.

The HC also rejected the petitioner's argument that he had obtained an ex-parte decree from a US court for a divorce as well as custody of their twin children, aged 15 years.

Justice Subramaniam, however, said that simply because a foreign court had taken a particular view on the welfare of minors was not enough for the courts in India to shut out an independent consideration of the matter.

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