Hubby, male family member not protected under domestic violence law, says HC

| | New Delhi
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Hubby, male family member not protected under domestic violence law, says HC

Friday, 03 February 2023 | PTI | New Delhi

The Delhi High Court has said that prima facie the protection under the domestic violence law, which aims at protecting married women from cruelty, is not available to a male member of a family particularly the husband.

The 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 the respondent.

Justice Jasmeet Singh, who was hearing a woman's plea seeking quashing of the complaint filed against her by her husband before a magisterial court here, stayed the proceedings initiated by the man under the provisions of the DV Act.

"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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