Prima Facie Protection Of Domestic Violence Act Is Not Available To A Male Member Of Family & Particularly Husband: Delhi HC

The Delhi High Court has observed that prima facie the protection of the Domestic Violence Act is not available to a male member of the family and more particularly the husband.

“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.”, Justice Jasmeet Singh observed.

Section 2(a) of the Protection of Women from Domestic Violence Act, 2005 defines “aggrieved person” as 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 the respondent.

The Court was dealing with the petition by a woman seeking quashing of the complaint filed by her husband.

Ashima Mandla, counsel appearing for the petitioner submitted that the husband of the petitioner has initiated proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (DV Act).

It was submitted that the same is totally contrary to the essence of the Act as well as to Section 2(a) which defines “aggrieved person” as definition.

The Court noted that prima facie the protection of the Act is not available to a male member of the family and more particularly the husband.

Thus the Court stayed the proceedings in complaint case filed by the petitioner’s husband till the next date of hearing.

“For the aforesaid reasons, the proceedings in complaint case No. 1296/2022 pending before the learned MM, Karkardooma Courts, Delhi shall remain stayed till the next date of hearing. List on 14.02.2023 before the Roster Bench.”, the Court held.

Cause Title-Nirupama Tripathi v. Vikas Tripathi

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