Dear Client,
Answer 1: The dominant judicial view, and the clear wording of the PWDVA, is that the Act is designed to protect women from domestic violence. While men can certainly be victims of domestic violence (physical, emotional, economic abuse), the PWDVA 2005 itself does not directly provide a mechanism for men to file a complaint as an "aggrieved person.”
Men who are victims of domestic violence have to rely on other provisions of law, primarily the Indian Penal Code (IPC) and the Bharatiya Nyaya Sanhita (BNS), and civil remedies like divorce/judicial separation on grounds of cruelty.
Answer 2: No, an adult son generally cannot directly charge a case/complaint against parents for domestic abuse under the Protection of Women from Domestic Violence Act, 2005 (PWDVA).
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Limited Relevance): This Act allows parents (including step-parents) to claim maintenance from their adult children. It does not typically apply in reverse for children seeking protection from abuse by parents, though it does have provisions for protection of life and property of senior citizens.
Answer 3:
A. Physical Abuse (IPC / BNS):
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Section 323 (Punishment for voluntarily causing hurt): Simple physical assault.
- Section 324 (Voluntarily causing hurt by dangerous weapons or means): More serious physical assault.
- Section 325 (Punishment for voluntarily causing grievous hurt): For severe physical injuries.
- Section 326 (Voluntarily causing grievous hurt by dangerous weapons or means): Even more serious.
- Section 339 (Wrongful restraint) / Section 340 (Wrongful confinement): If the son is physically restricted or confined.
B. Verbal and Emotional Abuse (IPC / BNS):
BNS:
- Section 356 BNS (Criminal Intimidation): Corresponds to IPC 503.
- Section 357 BNS (Punishment for criminal intimidation): Corresponds to IPC 506. If the abuse includes threats of injury to person, reputation, or property.
- Section 359 BNS (Punishment for defamation): Corresponds to IPC 500.
- Section 296 BNS (Obscene acts and songs): Corresponds to IPC 294. If the verbal abuse involves obscene language in public places.
C. Economic Abuse by Parents (for an adult son):
There is no direct criminal section in the IPC or BNS that specifically defines and criminalizes "economic abuse" as a standalone offense, especially when perpetrated by parents against an adult son.
Answer 4: Although economic abuse as domestic violence is especially covered by the PWDVA for women, adult men have legal options if their parents exploit them financially.
It is necessary for them to depend on Civil Law or Property Law:
Should the son have a rightful part in the family’s property, he is permitted to file a partition suit to get his share out.
Should the son’s money or property legally belonging to him be held against his wishes by the parents, a civil case can be filed to recover these things or claim their ownership and use.
Injunctions: To keep parents from selling joint assets and from taking what still belongs to the son.
If the parents fraudulently or under pressure obtained the son’s property as per the terms of a deed.
In simple terms, the PWDVA framework does not allow for adult males to receive remedies for economic abuse. Even so, there are other sets of civil and criminal laws he may apply to when seeking help for acts of economic harm, exploitation or deprivation, assuming he can establish the requirements for those laws.
I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.