In XXX v. XXX, the Delhi High Court put a stay on proceedings pending before the the learned MM, Karkardooma Courts, Delhi. The proceedings related to a domestic violence incident where the husband of the petitioner i.e. the respondent filed a case u/s 12 of the Protection of Women from Domestic Violence Act, 2005.
The Counsel for the petitioner wife argued that a bare reading of Sec. 2(a) of the DV Act, 2005 reveals prima facie that a man and especially the husband cannot be a victim under this Act. The Counsel asked the Court to dismiss all the proceedings initiated by the respondent claiming to be the “aggrieved party” under this Act.
The Ld. Court agreed with the contentions of the Counsel for the petitioner wife and said that a husband cannot initiate proceedings under Section 12 of DV Act, 2005 as he is excluded from Section 2(a) of the said Act. Further, the Court put a hold in the proceedings pending in the Karkardooma Court before the Ld. MM until further notice.
THE CASE IS STILL PENDING.
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