• Can the Domestic Violence Act be applied to men in specific instances?

Q1: It is said that the Domestic Violence Act, 2005 can be applicable to men in some cases. Is that true? If so, pls mention under what circumstances and the relevant case laws. A detailed answer would be much appreciated.

Q2: If applicable, can an adult son charge a case/complaint against parents for domestic abuse (verbal, emotional and economic abuse)?
Asked 18 days ago in Family Law
Religion: Hindu

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13 Answers

Section 12 of DV act allows an “aggrieved person” to file an application before the magistrate demanding relief under the Act.

 

2) Section 2(a) of the 2005 Act defines an “aggrieved person” as “any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent”.

 

3) 

The Supreme Court, in 2016, had expandedthe scope of Section 2(q) of the Act. This provision defines the “respondent”, and earlier said, “respondent means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act”.

However, the Supreme Court had struck down the words “adult male”, widening the scope of the law.

 

4) this judgment only altered the definition of a respondent or an accused under the law and not the definition of “aggrieved woman”.

 

5)you can seek to file complaint under DV act but you may not get necessary reliefs as definition of aggrieved person covers only women 

Ajay Sethi
Advocate, Mumbai
98773 Answers
8037 Consultations

A male person can not bring complaint under PWDV Act against his parents.

2. The charges you are bringing are mostly civil wrongs for which civil remedies lies. 

Devajyoti Barman
Advocate, Kolkata
23550 Answers
533 Consultations

While the Protection of Women from Domestic Violence Act, 2005 focuses on women, men can file domestic violence cases under other relevant laws if they are victims of abuse. They can't file a case under the DV Act itself, but they can pursue other legal remedies. 

India doesn't have a specific law protecting men from domestic violence, but they can seek protection under the Indian Penal Code (IPC).

T Kalaiselvan
Advocate, Vellore
88975 Answers
2418 Consultations

No, the Domestic Violence Act, 2005 (PWDVA) is not applicable to men as victims. The Act is gender-specific and applies only to women who are in a domestic relationship and have been subjected to domestic violence. Section 2(a) of the Act clearly defines the “aggrieved person” as a woman. Although the Supreme Court in Hiral P. Harsora v. Kusum Narottamdas Harsora (2016) removed the limitation that only “adult male persons” can be respondents—thus allowing complaints against female relatives—the law still does not permit men to file complaints as victims. Therefore, a man, including an adult son, cannot file a case under the Domestic Violence Act against his parents or any other relative, even if he faces verbal, emotional, or economic abuse.

However, an adult son may still seek remedies through other legal avenues. He can file a criminal complaint under the Indian Penal Code for specific offences such as criminal intimidation (Section 506), intentional insult (Section 504), or causing hurt (Section 323). In cases of extreme emotional or mental harassment, he may also consider approaching the High Court under Article 226 of the Constitution for protection of his life and liberty. Civil remedies like filing for an injunction, partition of property, or even approaching the Human Rights Commission are also available, depending on the facts. Though men are not protected under the PWDVA, the legal system does provide alternative mechanisms for addressing domestic abuse in appropriate cases.

Shubham Goyal
Advocate, Delhi
1339 Answers
8 Consultations

economic abuse is not  defined as a criminal offense in India, it is recognized as a form of domestic violence under the Protection of Women from Domestic Violence Act, 2005 (PWDVA)

Ajay Sethi
Advocate, Mumbai
98773 Answers
8037 Consultations

I regret you may not not get any reliefs under DV act 

Ajay Sethi
Advocate, Mumbai
98773 Answers
8037 Consultations

Family violence is when someone uses abusive behaviour to control and/or harm a member of their family, or someone with whom they have an intimate relationship.

Family violence includes many different forms of physical and emotional abuse, as well as neglect carried out by family members or intimate partners. It may include a single act of violence, or a number of acts that form a pattern of abuse. Family violence can have serious-and sometimes fatal-consequences for victims and for those who see or hear the violence.

Although the Criminal Code does not refer to specific "family violence offences", many Criminal Code offences could be used to charge someone with acts of family violence. For more information on the criminal laws that could be applied, please see family violence Laws.

Financial abuse happens when someone uses money or property to control or exploit someone else. It can involve:

Taking someone's money or property without permission

Withholding or limiting money to control someone

Pressuring someone to sign documents

Forcing someone to sell things or change a will

Most forms of financial abuse are crimes, including theft and fraud.

You may identify the problem and the offences unleasshed against you and consult a local lawyer, discuss the subject matter at length and proceed legally if there's any solution available through legal sources.

T Kalaiselvan
Advocate, Vellore
88975 Answers
2418 Consultations

The PWDVA means prevention of women against domestic violence act, there's no room for men to get sheltered under this umbrella to get their grievances redressed or to avenge anyone misusing this law.

If the economic offence is identified as a crime/ offence you can very well seek the help of law to get relief or solution.

T Kalaiselvan
Advocate, Vellore
88975 Answers
2418 Consultations

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): 


  • 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.

 

Anik Miu
Advocate, Bangalore
10720 Answers
123 Consultations

1. There is no provision in the DV Act for the men , as this act was passed only for women. 

2. Out of this the son can lodge a complaint for the offence of abuse and violence against the parents. 

Mohammed Shahzad
Advocate, Delhi
15400 Answers
235 Consultations

Dear Sir,

There are no specific laws/Act in relation to the domestic violence as asked by you. However, the adult son can ask partition of property and other means to get this issues redressed. 

Ganesh Singh
Advocate, New Delhi
7060 Answers
16 Consultations

No, the Protection of Women from Domestic Violence Act, 2005 (PWDVA) is not applicable to men as victims. The law explicitly defines an "aggrieved person" under Section 2(a) as only a woman who is or has been in a domestic relationship and subjected to violence. Although the Supreme Court in Hiral P. Harsora v. Kusum Narottamdas Harsora (2016) expanded the definition of respondents to include both men and women, the protection under the Act remains gender-specific and available only to women.

Therefore, an adult son cannot file a case under the Domestic Violence Act against his parents, even if he faces verbal, emotional, or economic abuse. However, alternative legal remedies do exist. For instance, under the Indian Penal Code (IPC), he can consider filing a complaint under Section 504 (intentional insult), Section 506 (criminal intimidation), Section 323 (voluntarily causing hurt) or Section 498 (extortion of property) if specific elements of those offences are met.

Regarding economic abuse, since PWDVA is the only law that directly defines and addresses it in a domestic context (under Section 3 of the Act), no parallel definition exists in IPC that applies the term "economic abuse" in the same way. However, an adult son could pursue civil remedies for economic grievances, such as filing a partition suit, injunction, or even a suit for recovery of money or share in property, depending on the facts. If his right to residence or livelihood is severely impacted, he can also seek relief by approaching the High Court under Article 226 or the Human Rights Commission.

In summary, while PWDVA offers no protection to men, other criminal and civil laws can be invoked based on the nature and extent of the abuse or economic deprivation faced.

Shubham Goyal
Advocate, Delhi
1339 Answers
8 Consultations

It’s against men not applicable in their favour 

Prashant Nayak
Advocate, Mumbai
33737 Answers
227 Consultations

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