Domestic Violence Protection from Wife and In-Laws can be filed by a man

Introduction

Due to the patriarchal structure of society and men's dominance over women in society, studies showing that women commit significant rates of violence against men are highly controversial. The critics argue, first and foremost, that it is important to analyze the aggression of women to men in a broader social context even though they are capable of violence. In history, both in society and in close relationships, the men held the position of authority. Physical differences, the expected outcomes of violence, as well as reactions, will likely lead to quite different motivations for using violence between men and women.

According to many critics who oppose the idea that men are victims, violence perpetrated by men against women has significantly more damaging consequences than violence perpetrated by women against men.

All defenses state that men abuse women and women respond by becoming aggressive. However, it is difficult for the general public, and even sometimes the Best Family Lawyers, to accept that women are also capable of inflicting violence on men. Among the forms of violence in relationships are coercive control within the relationship, psychological humiliation, sexual assault, use of or threats of violence against others, as well as verbal abuse. Even though these behaviors are often ignored, they are among the most harmful.

First and foremost, domestic violence is gender agnostic. The recognition of the PROTECTION OF MEN FROM DOMESTIC VIOLENCE ACT will enable a more thorough discussion and motivate legislators to amend or enact new laws related to this issue.

Although males will have a difficult time getting the legislation changed and influencing the lawmakers to amend the act, there have been a few court decisions that have been considered precedent-setting, and a man may sue his spouse for domestic abuse if he believes he has been abused.

Jammu Renu Dogra Gupta, Judicial Magistrate 1st Class, made this observation in her decision in Mohammad Zakir v. Shabana and Hiral P. Harsora v. Kusum Narottamdas Harsora cases. According to Section 12 of the Domestic Violence Act, a husband may bring a suit against his wife. This is the case of Kanav Gupta versus Neha Gupta.

The Supreme Court ruled in Hiralal P. Harsora v. Kusum Narottamdas Harsora (2016) 10 SCC 165 that Section 2(a) of the DV Act violates Article 14.

As a result of the deletion of the phrase "adult male" from Section 2(q) of the DV Act, the High Court decided to resolve this case and allow the Male Compliment to institute a civil suit under the DV Act.

Upon removing the phrase "adult male" from the sub-section above, it appears that any aggrieved person under the DV Act may avail themselves of its provisions, regardless of gender.

Anand Byrareddy, Justice of the Karnataka High Court, retracted his order, just before he retired, which had held that a husband could initiate proceedings under the Domestic Violence Act.

This Court's decision dated 18th April 2018 is patently erroneous and has been withdrawn."

Conclusion

The statute provides that men are not protected from violence on the same level as women. Throughout India, it is assumed that men are the wrongdoers and women are the victims, as evidenced by this regulation and similar ones. In many cases, the case is dismissed unless the judge is convinced that the case and the citations provided are credible.

When such cases are dismissed by the Honourable High Court, men often seek justice there. A PCR may also be filed by a male to request the magistrate direct the police to file a criminal complaint and investigate the allegations against their partner or family members in good faith, assuming they possess sufficient evidence to support their claim.