Woman challenges domestic violence charge by husband

The woman, seeking to quash the complaint against her, had approached the high court, saying the trial is untenable in law

The Delhi high court on Monday halted proceedings in a trial court in a case where a man filed a domestic violence suit against his wife. The woman, seeking to quash the complaint against her, had approached the high court, saying the trial is untenable in law because the Protection of Women from Domestic Violence (DV) Act, 2005 defines the aggrieved person as “woman/female”.

Delhi high court judge Jasmeet Singh also sought the husband’s response on the plea and posted the matter for a later date. (Photo: Pradeep Gaur/Mint)

Justice Jasmeet Singh also sought the husband’s response on the plea and posted the matter for a later date.

In her plea filed through advocate Ashima Mandla and Mandakini Singh, the woman has said that the initiation of proceedings by the magistrate at the Mahila court, Karkardooma under the DV Act “are ex-facie untenable in law and it is substantiated by Section 2(a) of the DV Act which defines aggrieved person as ‘woman/female’ only”.

“As per the scheme and object of the Protection of Women from Domestic Violence Act, 2005, the intent of the legislature is resolute that recourse to protection under the DV Act is qua an ‘aggrieved person’ defined u/s 2(a) which is intentionally and solemnly limited to only ‘woman’ under the Act and hence, a complaint filed by the Respondent-husband under the DV Act is ex-facie not maintainable and deserves to be quashed in toto,” the plea said.

The petition has also said that similarly, even in section 498A of the Indian Penal Code, 1860, only a female person shall be aggrieved for the purposes of Section 498A IPC, whereas the accused/perpetrator may be male/female and hence gender neutral.

The plea has also said that the respondent-husband has circulated the news in various media platforms to indicate that male persons have recourse as an aggrieved person under the Protection of Women from Domestic Violence Act, 2005.