The Delhi High Court.
| Photo Credit: FILE PHOTO
The Delhi High Court has stayed proceedings under the Protection of Women against Domestic Violence Act in a case where a man moved a local court accusing his wife of adultery, taking a prima facie view that protection under the DV Act is not available to the husband.
The High Court, which was hearing a petition filed by the wife challenging the local court’s November 5, 2022 order to summon her in the case, also issued a notice to the husband.
Listing the case for hearing on a later date, Justice Jasmeet Singh observed, “In the present case, the respondent i.e. the husband of the petitioner 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.”
Represented by advocate Ashima Mandla, the wife argued that the local court’s order had overturned the essential object and intent of the legislature to safeguard the rights of women in a domestic relationship.
“The very title of the Act is self-explanatory that the protection and recourse … is limited to a woman being an aggrieved person,” Ms. Mandla said. She added that the intent of the Act is resolute that recourse is intentionally and solemnly limited to only woman.
Ms. Mandla said the husband, in his complaint before the local court, makes reference to an April 18, 2017 order of the Karnataka High Court where it “erroneously” held that a male can be an aggrieved party under the DV Act.
She contended that both the husband as well as the local court failed to appreciate that the Karnataka High Court, vide another order passed on April 28, 2017, unconditionally revoked the previous order as “patently erroneous”.
Ms. Mandla argued that the local court admitting proceedings against the wife under the DV Act, will be tantamount to “judicial overreach”.
The couple had been married for over 14 years and have two children together.