Husband Can Initiate Proceedings Under DV Act Against Wife, Her Relatives: Karnataka HC [Read Order]

The Karnataka High Court has recently held that any person, whether male or female, aggrieved and alleging violation of the provisions of the Domestic Violence Act, can invoke the provisions under the Act.

Justice Anand Byrareddy was hearing a petition filed by Mohammed Zakir against dismissal of his complaint filed under the Domestic Violence Act against his wife and her relatives by Addl. City Civil Court, Bangalore.

The civil judge was not impressed with the complaint, as the Act clearly is loaded in favour of women only and it does not contemplate any male person being aggrieved by domestic violence.

The high court observed that it is to be noticed that the said issue was subject matter of an appeal before the apex court in the case of Hiral P Harsora vs Kusum Narottamdas Harsora, wherein the Supreme Court has struck down a portion of Section 2(a) on the ground that it is violative of Article 14 of the Constitution and the phrase “adult male” as appearing in Section 2(q) stood deleted.

“If the said sub-section is read after deleting the expression ‘adult male’, it would appear that any person, whether male or female, aggrieved and alleging violation of the provisions of the Act could invoke the provisions under the Act. In that view of the matter, the petitioner’s complaint could not have been trashed on the ground that the Act does not contemplate provision for men and it could only be in respect of women,” the court said.

The high court has directed the city civil judge to consider the complaint afresh.

Read the Order here.