Domestic Violence Against Men: How to File a Complaint

New Delhi: Recent cases of domestic abuse against men have ignited discussions on the legal recourse available to them.

A disturbing video from Satna, Madhya Pradesh , has surfaced online, showing a man being brutally beaten by his wife. When he tries to keep her at a distance, she attempts to strangle him. The victim recorded the horrific incident, crying for help.

Cases like these highlight the need for men to be aware of their legal rights.

Legal Remedies for Men Facing Domestic Violence

Although the Protection of Women from Domestic Violence Act, 2005, primarily protects women, men can seek legal recourse under various provisions of the Indian Penal Code (IPC), 1860. These provisions include imprisonment, fines, and/or damages as determined by the court.

1. File a Complaint with the Police

Call the National Police Helpline (100) to report the incident.

Visit the nearest police station and lodge a complaint under Section 323 IPC (causing hurt) or other relevant sections.

Keep a copy of the FIR for future legal proceedings.

2. Get a Medical Examination

If the victim has suffered physical injuries, getting a medical report from a government hospital is crucial.

Sections 349 to 352, 355 & 357 IPC deal with criminal force and assault, with punishments of up to five years in prison, a fine, or both.

3. Approach the Human Rights Commission

If the police fail to take action, men can file a complaint with the National Human Rights Commission (NHRC) or the State Human Rights Commission, citing physical or mental abuse.

Also Read: 5 Recent Shocking Cases of Alleged Harassment by Wife
 

4. File a Petition in Court

Under the Hindu Marriage Act, 1955, men can file for:

Section 9 – Restitution of Conjugal Rights

Section 13 – Divorce in cases of extreme cruelty

Under Section 200 of the Criminal Procedure Code (CrPC), a man can file a private complaint directly before a Magistrate.

Section 24 of the Hindu Marriage Act, 1955, allows men to seek maintenance during the case proceedings. However, this right is not extended to men under the Special Marriage Act.

5. Seek Protection Under Gender-Neutral Laws

• A man facing any form of violence can file a Writ Petition to protect his right to life and liberty under Article 21 of the Constitution.

6. Contact NGOs for Men’s Rights

Several non-governmental organizations (NGOs) offer support to men facing domestic violence and false accusations.