LI NETWORK
Published on: 10 December 2022 at 15:39 IST
Petition to quash domestic violence case filed against her by husband has been filed by a woman before the Delhi High Court seeking direction to quash proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005 which have been initiated against her by her husband.
Wife claimed the law defines aggrieved as a female/woman and there’s no provision for a man to initiate such proceedings. The couple got married in 2008 and has two children.
Appellant submitted to the High Court that as per the law, the Domestic Violence Act under section 2(a) of the Act defines aggrieved as a female/woman and there is no provision for a male person to initiate such proceedings.
Appellant also submitted that the husband has taken the news of the summons to the media and media houses have reported that for the first time in Delhi, a man has approached a court in a Domestic Violence case against his wife and the Court has initiated proceedings.
The plea argued that the husband had relied on a decision passed by the High Court of Karnataka holding that men can initiate Domestic Violence proceedings, however, the MM Court failed to appreciate that the High Court of Karnataka has unconditionally withdrawn its own order.