Can A Husband File Domestic Violence Case Against His Wife?

In October, a lower court in Delhi heard the arguments of a self-described "ideal husband" who had reported his "dominating" spouse for domestic violence and summoned the wife. The wife has since approached the Delhi High Court with the argument that only women are covered by India's domestic violence law.

The case, which arose from a controversial marriage in which both parties claimed abuse, has raised a complex issue: Can a man file a case under India's domestic violence law against a woman? The wife's attorney, Ashima Mandla, has petitioned the high court, arguing that it cannot be done, despite the lower court's ruling to the contrary.

Can Husband File Domestic Violence Case Against Wife?

The Protection of Women from Domestic Violence Act of 2005 is the official name of the laws, but on November 5th, a mahila (women's) court in Karkardooma East in Delhi issued an order issuing a summons against the wife based on a husband's complaint, which he had filed under section 12 of the legislation.
An "aggrieved person" may request relief under the Act by submitting an application to the magistrate under this section.

Suggested Reading: Petitioner Sought Compensation from YouTube, SC Scrapped It Calling ‘Atrocious’

The wife has now filed a complaint with the Delhi High Court, challenging the summons and the domestic abuse case brought against her. The petition, which was submitted on Wednesday by Ashima Mandla, an attorney, requests the cancellation of the actions taken against her.
"The very title of the Act is self-explanatory," the woman claims, "that the protection and recourse under the Act are limited to a woman being an aggrieved person."

The Delhi case's couple got married in February 2008 and have two kids who are five and thirteen years old. The wife, however, claims that the husband and members of his family have abused her verbally, physically, emotionally, and financially.
The husband petitioned for divorce on August 24 of this year. On October 6, the husband also submitted a complaint under the Act's Sections 18 (protection orders), 20 (financial reliefs), 21 (custody orders), and 22 (compensation orders), requesting redress. On October 19, the wife also complained in a comparable manner to the husband.