What is the husband rights under the Protection of Women from Domestic Violence Act, 2005 (DV Act)?

In cases filed under the Protection of Women from Domestic Violence Act, 2005 (DV Act), the husband, as the respondent, has certain legal rights and defenses. Below is a detailed breakdown of the husband’s rights:

1. Right to Fair Trial and Natural Justice

• The husband has the right to be heard and present his case under Section 12 of the DV Act.
• He has the right to file a written statement/response to the allegations made in the complaint.

2. Right to Challenge Jurisdiction

• The husband can challenge the jurisdiction of the Magistrate’s Court if:
  • The complaint is filed in an unrelated jurisdiction.
  • There is a violation of the procedural requirements.

3. Right to File Counter Affidavit and Evidence

• The husband has the right to:
  • Submit documentary evidence.
  • Present oral evidence and witnesses to disprove the allegations.

4. Right to Contest Interim Orders

• If an interim protection order, maintenance order, or residence order is granted under Section 23, the husband can:
  • File an application for modification, alteration, or cancellation of such orders under Section 25 of the DV Act.
  • Challenge any adverse order before the Sessions Court or High Court.

5. Right to File for Quashing of Proceedings

• The husband can file a petition under Section 528 of the BNSS in the High Court to quash the DV proceedings if:
  • The allegations are false, frivolous, or malicious.
  • No prima facie case is made out.
  • The complaint is an abuse of legal process.

6. Right to Protection Against Misuse

• The husband can file a petition under Section 250 BNSS for discharge if the allegations lack merit.
• He can also file a counter-case for defamation (Section 356(2) BNS) or filing false evidence (Section 227, 229 BNS) if the allegations are fabricated.

7. Right to Seek Protection Against Misuse of Residence Order

• Under Section 17 and 19 of the DV Act, a wife can seek residence orders.
• If the husband is the sole owner of the house, he can:
  • Oppose the residence order by providing proof of ownership.
  • Seek modification if the wife has alternative accommodation.

8. Right to Fair Maintenance Determination

• If a maintenance order is passed under Section 20 of the DV Act, the husband has the right to:
  • Contest the quantum of maintenance.
  • Seek a reduction in maintenance if the wife is earning or has sufficient means.

9. Right to Mediation or Settlement

• The husband can opt for mediation to amicably resolve the matter.
• He can submit a mutual settlement proposal to avoid prolonged litigation.

10. Right to File for Custody or Visitation of Children

• Under Section 21 of the DV Act, if the wife seeks custody of the children, the husband can:
  • Contest the custody.
  • Seek visitation rights or joint custody.

11. Right to Appeal

• The husband can file an appeal under Section 29 of the DV Act against any order passed by the Magistrate.
• The appeal must be filed before the Sessions Court within 30 days of the order.

12. Right to Speedy Trial

• The husband has the right to request a speedy disposal of the case to avoid prolonged harassment.

Legal Precedents Favoring Husband in DV Cases

1. D. Velusamy v. D. Patchaiammal, (2010) 10 SCC 469 – Clarified the definition of “relationship in the nature of marriage.”
2. S.R. Batra v. Taruna Batra, (2007) 3 SCC 169 – Held that the wife has no right to claim residence in the property owned by the husband’s parents.