Woman challenges domestic violence charge by husband | Latest News Delhi - Hindustan Times
close_game
close_game

Woman challenges domestic violence charge by husband

Jan 24, 2023 11:58 AM IST

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)
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.

Hindustan Times - your fastest source for breaking news! Read now.

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.

Unveiling 'Elections 2024: The Big Picture', a fresh segment in HT's talk show 'The Interview with Kumkum Chadha', where leaders across the political spectrum discuss the upcoming general elections. Watch now!
SHARE THIS ARTICLE ON
Share this article
SHARE
Story Saved
Live Score
OPEN APP
Saved Articles
Following
My Reads
Sign out
New Delhi 0C
Friday, March 29, 2024
Start 14 Days Free Trial Subscribe Now
Follow Us On