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Mukesh Burnwal   18 December 2019

Can husband file a case under dv act for physically assault

Can husband file a case under DV Act for physically assault against wife happened several times in view of the supreme court judgement - Hiral Harsora vs Kusum Harsora case by K. Joseph and R.F. Nariman where they replaced the word 'any adult male' by 'any person'


 14 Replies

Ankit sahu   19 December 2019

no, you can't, only women can file a case under dv act,
you can only file RIR under section 323 and 326, IPC

G.L.N. Prasad (Retired employee.)     19 December 2019

Maybe if you are successful through police complaint, that judgment may help you in DV.

TGK REDDI   20 December 2019

Both the answers above are not satisfactory. My answer? Not now. Let me study the judgment.
1 Like


Certainly ' As per Karnataka High Court Orders even the Husband Could file DV Case against his Wife and Relatives as required please

1 Like

Mukesh Burnwal   20 December 2019

@N.J.S. Rajkumar sir Yes, that's why I am asking. In Md. Zakir vs Shabana case justice Anand Byrareddy made that kind of judgement but after a time (may be after criticism by feminine counterparts) he withdrew that judgement.

TGK REDDI   20 December 2019

A Judgment can't be withdrawn.     It can't be, because of criticism, reviwed either.

G.L.N. Prasad (Retired employee.)     20 December 2019

It is true, but if there is mistake on apparent tenor, in some cases known to me, High courts deleted some paras and even amended the judgments suo motu . Known cases to me LIC lift case where they imposed penalty on First Appellate Authority, when RTI Act stipulated no such penalties (Madras High Court) and in another case when it was judged that applicant should necessarily state the reason as to why he requires that information, later withdrawn while noting the stipulation in the act that citizen need not require to state any reason for seeking information under RTI Act.

1 Like

Mukesh Burnwal   20 December 2019

https://indiankanoon.org/doc/185218884/ Kindly follow above link to see the Supreme Court observation on the above mentioned case
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G.L.N. Prasad (Retired employee.)     21 December 2019

"Patently erroneous" judgments can not be rectified by reviewing judgments under 362 of CPC and only that clerical and arithmetic mistakes can be corrected under such stipulation is the essence of the above judgment.. and those patently erroneous judgments must be dealt as per law and not under 362 of CPC is the essence of judgment.

Those circumstances stated in that judgment are about not verifying digital signatures and not precedents in law. I am not still able to understand as to whether judgments can be withdrawn for other reasons than under 362 of CPC and the precise answer for the original query.

1 Like

Mukesh Burnwal   21 December 2019

seeking reply by any expert  of original query whether husband can file a DV case against his wife or/ and her family member after above mentioned developement.


Mastan   21 December 2019

It depends upon what kind of "BENEFITS" you are seeking from the wife?

If you want her to get jail term for her criminal act then better go with criminal complaint u/s 323 or 324 or 307 etc..etc.. depend upon the circumstances of the case

If you want some civil type of reliefs like restraining order, protection bonds or maintenance the go with DV case. (this is almost toothless when inititated by MALEs of India). And the result would be like Khoda Pahad aur nikla Chuha type.

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P. Venu (Advocate)     05 January 2020

In case of Hiral P. Harsora And Ors vs Kusum Narottamdas Harsora And Ors The Supreme Court decision is at para 46 of the Judgement:

"46. We, therefore, set aside the impugned judgment of the Bombay High Court and declare that the words “adult male” in Section 2(q) of the 2005 Act will stand deleted since these words do not square with Article 14 of the Constitution of India. Consequently, the proviso to Section 2(q), being rendered otiose, also stands deleted..........."

The decision only reads down the definition of "respondent" as provided under Section. As regards to the definition of "aggrieved person" the defintion, as provided under Section 2(a) remains unchanged:

(a) “aggrieved person” means any woman who is or has been a relative of the respondent and who alleges to have been subjected to acts of domestic violence by the respondent;”

Obviously, it is only a woman who could be the complainant in a DV case. If there is a case of violence of the wife against the husband, provisions IPC and CrPC needs to relied on.

1 Like

Zeta Teresa Pereira   17 January 2020

Dear Sir,

Yes, the husband can initiate proceedings against the wife under the Domestic Violence Act. Though the Act was enacted mainly to protect women, the recent judgment by Karnataka High Court held that even husbands can file a petition against the wives.

Hope this is clear.



TGK REDDI   18 January 2020

A Court can't disobey law.    When there's something explicit in law, it can't exercise discretionary powers under the lee of unconstituality.    

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