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BlogMan Can File Protection from Domestic Violence against Wife and In-Laws …?
Intimate partner violence is generally presented as being brought on by the patriarchal structure of society and men’s dominance over women, which has made the study demonstrating that women commit significant rates of violence against men contentious.
Firstly, the critics contend that although women are capable of violence, it is important to take a larger social perspective into account when analysing their aggression towards males. In society and in close relationships, men have historically held positions of authority. In addition, it is likely that men and women have quite different motivations for using violence given the physical differences in size and strength between them, the results of violence that are expected, and the reactions are different too.
A second defence by many a critics who don’t support the argument that men can be victims is that men’s violence against women has far more damaging results than women’s violence against men.
In summary, all defences conclude that men are abusive and women react to such abuses and turn aggressive, but it’s very difficult for any common person and even at times the Best Family Lawyers to accept that women can also subject men to intimate partner violence. Such violence includes a variety of behaviours, coercive control within the relationship, psychological humiliation, sexual assault, using or threatening violence against others, and verbal abuse. These behaviours are often disregarded yet are the most harmful ones.
First and foremost, we must acknowledge that domestic violence is gender agnostic. This acknowledgement will allow for a more thorough discussion and will encourage lawmakers to amend existing laws or enact new ones, as well as to establish the legal framework for the PROTECTION OF MEN FROM DOMESTIC VIOLENCE ACT.
Although males will have a tough time getting the legislation changed and influence the lawmakers to amend the act, there are a few decisions by the courts that have been held to be precedent-setting, and men can bring lawsuits against their spouse if they believe they are the victims of domestic abuse.
According to the rulings in Mohammad Zakir v. Shabana and Hiral P. Harsora v. Kusum Narottamdas Harsora, Judicial Magistrate 1st Class, Jammu Renu Dogra Gupta made this observation in her decision. It is held that under the DV Act, the husband may also bring a claim against the wife filing a suit under Section 12 of the Domestic Violence Act. Kanav Gupta vs Neha Gupta.
The Supreme Court’s decision in Hiralal P. Harsora v. Kusum Narottamdas Harsora, (2016) 10 SCC 165, the Hon’ble Apex Court struck down a portion of Section 2(a) of the DV Act and declared it to be in violation of Article 14 of the Constitution.
The deletion of the phrase “adult male” from Section 2(q) of the DV Act, was cited by the High Court as the basis for its decision to resolve the case and allow the Male Compliment to be considered aggrieved and hence institute the case under the DV Act.
According to the High Court, if the phrase “adult male” is removed from the aforementioned sub-section, it would appear that any aggrieved person under the terms of the DV Act, whether male or female, is entitled to use the Act’s provisions.
But later on 24th August 2018 Justice Anand Byrareddy of the Karnataka High Court withdrew his order, just before the last day of his retirement, wherein he had held that a husband can initiate proceedings under DV Act. The Order read as follows
“Notwithstanding Section 362 of Cr.P.C., the order rendered by this Court earlier on 18th April, 2018 is found to be patently erroneous and therefore the order is withdrawn”
Conclusion
Women are shielded from domestic abuse by the Domestic Violence Act. In its whole, the statute has no provisions to protect males against the same violence. In India, it is assumed that males are the wrongdoers and women are the victims, as evidenced by this regulation and others of a similar nature. Often the case filed gets dismissed unless the Judge is convinced about the case and the citations submitted in the petition.
In the event such case is dismissed, men often knock the doors of the Honourable High court and seek for justice. Men can also file a PCR praying the magistrate to direct the Police to register an FIR and investigate in good faith the criminal charges pressed against their partners and family members if they are victims of domestic abuse, cruelty, financial abuse, extortion, physical abuse, insults, defamation etc… provided they carry enough evidence.
Feel free to write to us at mail@lawyersonia.com or call +91 9845944896 if you wish to consult or discuss your matter. “Sonia and Partners” is a Boutique law firm led by Adv. Sonia Rajesh supported by a team of qualified and among the Best Lawyers in Bangalore practicing in the area of Criminal defence serving Citizens of India, Overseas Indians, NRIs and Global International Clients.
