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HomeNATIONDomestic violence law not intended to protect male family members, Delhi HC

Domestic violence law not intended to protect male family members, Delhi HC

In a recent case related to Domestic Violence , Justice Jasmeet Singh , who was hearing a women’s plea seeking quashing of the complaint filed against her by her husband before the magisterial court, stayed the proceeding initiated by the husband under the provisions of the DV Act.

Delhi High Court interprets Domestic Violence Law

Furthermore, the Delhi High Court took into consideration  the definition of section 2 (a) of the Protection of Women from Domestic Violence (DV) Act which says that “aggrieved person” means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by respondent.

The High Court said while listing the matter for further hearing on February 14 and also issued a notice to the man on the women’s plea

“In the present case, the respondent, that is, the husband of the petitioner (woman) has initiated proceedings under Section 12 of the DV Act. Prima facie it seems in view of Section 2(a), the protection of the Act is not available to a male member of the family and more particularly the husband.”

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Protection of Domestic Violence Law not available to male member, more particularly , the husband

“For the aforesaid reasons, the proceedings in complaint case… pending before the metropolitan magistrate, Karkardooma Court, Delhi, shall remain stayed till the next date of hearing,” the high court said while listing the matter for further hearing on February 14.

According to the woman’s counsel, the petitioner’s husband started legal action under the DV Act, which is completely against the law’s intent and section 2(a), which defines a “aggrieved person” as a woman.

The counsel further argued that no male member, especially the husband, is eligible for the protection provided by the Act.

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