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Can a man file a case under the Domestic Violence Act?

Can a man file a case under the Domestic Violence Act?

26-Jul-2025

Domestic Violence

Answer By law4u team

No, under Indian law, a man cannot file a case under the Protection of Women from Domestic Violence Act, 2005 (PWDVA). The Act is specifically designed to protect women from violence and abuse within domestic relationships. Key Points: The PWDVA, 2005, provides legal remedies only to: Women who are subjected to domestic violence by a male or female relative in a domestic relationship (husband, partner, in-laws, etc.). Section 2(a) of the Act defines an “aggrieved person” as: > “Any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent.” What can a man do if he is abused? If a man is facing harassment or abuse at home (e.g., from his wife or female family members), he cannot use the Domestic Violence Act but may take legal action under: Section 498A IPC – cannot be used by men, it's for cruelty against wives. General provisions under IPC: Section 323 – for causing hurt, Section 506 – for criminal intimidation, Section 504 – for intentional insult, Section 120B/34 – for conspiracy and common intention. Civil action – He may file for divorce, custody, injunction, etc. Counter-case – If falsely accused under PWDVA or 498A, he can file for defamation or seek quashing of proceedings under Article 226 or Section 482 CrPC. Is this gender bias? This issue has been debated in courts and Parliament. Some men’s rights groups have demanded a gender-neutral domestic violence law, but as of now, the PWDVA applies only to women as complainants. Conclusion: No, a man cannot file a case under the Domestic Violence Act, as it is meant exclusively for protecting women in domestic relationships. However, men do have alternative legal remedies under the IPC or civil laws.

Answer By Anik

Dear Client, No. The Protection of Women from Domestic Violence Act of 2005 states that only women are eligible to report domestic abuse as aggrieved persons. . The law was put into place to shield women from domestic violence. A man can seek remedies under other laws (e. g. this Act) but he cannot file a case under it. G. criminal intimidation harassment or defamation) if wrongfully accused. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

Answer By Ayantika Mondal

Dear Client, No, men are not able to bring a case as the aggrieved party under the Protection of Women from Domestic Violence Act, 2005. This act is put in place to protect women from many types of domestic abuse which includes physical, emotional, sexual, and economic violence in a domestic setting. The Act puts forth that an “aggrieved person” is any woman who is in or has been in such a relationship and is a victim of abuse by the respondent. Also it is the court’s consistent interpretation that only women may bring forward complaints under the PWDVA. Key Provisions and Judicial Interpretations The PWDVA which provides a forum for women to approach for protection orders, residence rights, monetary relief, child custody, and compensation. In the case of Hiral P. Harsora vs. Kusum Narottamdas Harsora (2016) the Supreme Court expanded what constitutes the “respondent” by消除 "adult male” which in turn includes within its purview women relatives (for instance mothers in law or sisters in law) as well as minor that may be a part of the abuse. Also of note is the fact that although this changed the dynamic of who can be named as a respondent it did not do away with the gendered element of who may bring the case only women are recognized as aggrieved persons. In few instances men have put forward cases under the Act. For example in a 2024 Delhi case a husband filed against his wife which went to a lower court which issued summonses, but the wife took it to the Delhi High Court which presented that the law’s protection is what it is to only ‘woman’. That case brought to light the on going debates which did not in turn alter the Act’s base structure. The Supreme Court has noted that indeed men are victims of domestic violence (with reports of over 50% of Indian men experiencing emotional or physical abuse) but has not made PWDVA to include them. Alternatives for Men Facing Domestic Abuse While PWDVA is not available, men may try other legal options:. Criminal Complaints: In the category of general Indian Penal Code (IPC) sections which include 323 (causing hurt), 506 (criminal intimidation), 498A (cruelty) also. Women see 498A very often which is against husbands and in laws. Civil Remedies: Go to civil court for injunctions, divorce, or protection. Private Complaints: File a private complaint (PCR) with a magistrate regarding issues of abuse, cruelty, or extortion which may lead to an FIR if evidence supports it. Other Options: In family court for issues like maintenance or custody, also you may file for defamation if it involves insults. Men who report abuse have to come forward with strong evidence which may include incidents records, messages, or witness statements to prove their case. If you have any further questions or require assistance with the court marriage process, please do not hesitate to contact us. Thank You!