Can a husband sue his wife for domestic violence?
Vasundhara Singh (Student) 18 June 2021
Indian laws are made with the intention mainly to protect women from harassment and abuse in their marriage and domestic lives. There are several laws such as Section 498A of the Indian Penal Code or the Domestic Violence Act. All these laws are favoring women. There are no explicit laws that favor men or are directed toward men so one can use the general laws to file a case against domestic violence.
If the violence is done by the wife, then he can file for divorce under Section 13 of the Hindu Marriage Act. 1955 on the grounds of physical cruelty and prove the same in the court for a divorce. If the act of violence is done by any other person, then he can take help of provisions of the Indian Penal Code.
Section 319 talks about hurt which says that “Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.” and hence he can be made liable under IPC.
Section 350 of the code deals with criminal force. It says “Whoever intentionally uses force to any person, without that person’s consent, to the committing of any offense, or intending by the use of such force to cause, or knowing it to be likely that by the use of such force he will cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal force to that other.”
Therefore, if there is an act of violence against the husband, he can make use of the above-mentioned laws to punish the person but he will have no claim under the domestic violence act.
T. Kalaiselvan, Advocate (Advocate) 19 June 2021
The name of the act is Protection of women from domestic violence act, 2005.
Therefore this act had been enacted to protect the interests of women only and not men, hence the unfortunate husbands cannot file any such case against their wives or any female.