A petition has been filed by a woman seeking direction to quash proceedings under section 12 of the Protection of Women from Domestic Violence Act, 2005, which have been instituted against her by her husband.
The plea has been filed through advocate Ashima Mandal against the order passed by matrimonial magistrate, Karkardooma, initiating proceedings and calling for a Domestic Incidence Report.
The plea submitted that as per the law, the Domestic Violence Act under section 2(a) defines aggrieved as a female/woman and there is no provision for a male person to initiate such proceedings.
It 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can initiate domestic violence proceedings; however, the MM court failed to appreciate that the HC has unconditionally withdrawn its own order.
The plea states, “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.”
In view of the above, the plea has sought direction quashing the proceedings initiated under section 12 of the Protection of Women from Domestic Violence Act, 2005, instituted by her husband against her.
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