Answer By law4u team
Yes, men can seek maintenance under the Domestic Violence Act, 2005 if they are victims of domestic violence or economic abuse. While the Act is primarily designed to protect women from domestic violence, it has gender-neutral provisions that extend protection to both men and women. This includes the possibility for men to seek maintenance and other reliefs if they are victims of violence or abuse within a domestic relationship.
Can Men Seek Maintenance Under the Domestic Violence Act?
Domestic Violence Act: A Gender-Neutral Law:
The Protection of Women from Domestic Violence Act (DV Act), 2005 was enacted to protect women from domestic violence, but it contains gender-neutral provisions. Section 2(a) defines the term aggrieved person, which can apply to both men and women. This means that a man who is a victim of domestic violence or economic abuse can seek relief under the Act, including maintenance.
Section 2(f) of the Act specifically mentions that the definition of domestic relationship includes a relationship of shared household, which can be applicable to both genders. Hence, men can be in a domestic relationship where they are entitled to protection.
Section 20 – Maintenance and Monetary Relief:
Section 20 of the Domestic Violence Act provides for monetary relief to the aggrieved person, which includes both interim and final maintenance. This section allows a man who has suffered domestic violence or economic abuse to seek maintenance.
Maintenance under this section is not limited to women, and the court can order the respondent (the abuser) to provide financial support to the man in cases where the man is found to be a victim of abuse, harassment, or violence.
The court may order compensation for emotional distress, medical expenses, or monetary relief for housing, depending on the needs of the aggrieved male.
Economic Abuse Under Section 3:
The Domestic Violence Act specifically recognizes economic abuse as a form of domestic violence. Economic abuse is defined as when a partner deprives the other of financial resources, forces the other to surrender assets, or prevents the other from earning a living.
A man who is subjected to economic abuse (for example, being forced to give up his earnings or assets) can file a complaint under this Act and seek maintenance or monetary relief from his spouse or partner.
Interim and Final Relief:
A man can seek interim relief immediately after filing a domestic violence case. If the man is financially dependent on the spouse or partner who is committing abuse, the court may grant interim maintenance to ensure the man is supported during the course of the legal proceedings.
Upon final determination, the court may award permanent maintenance or other monetary relief depending on the man’s needs and the extent of abuse suffered.
Judicial Discretion:
As with any legal proceeding, the decision to award maintenance depends on the discretion of the court. The court will assess the nature of the abuse and economic exploitation suffered by the man. The man must present evidence of abuse or economic exploitation to establish his claim for maintenance.
If the man is financially capable or if the claim for maintenance is found to be fraudulent or lacking merit, the court may reject the maintenance claim.
Examples Where Men Can Seek Maintenance:
If a man is in a marriage or live-in relationship where the wife or partner engages in physical or mental abuse, the man may file a domestic violence case. He can request maintenance under Section 20 if he is financially dependent and needs support.
If a man has been forced into submission and is unable to access his income or financial assets (economic abuse), he can seek monetary relief under Section 20 of the DV Act.
Procedure for Filing Maintenance Under the Domestic Violence Act:
Filing a Complaint:
The husband or male partner should file a domestic violence complaint under the Protection of Women from Domestic Violence Act. This can be done at the local Magistrate Court or through a Domestic Violence Protection Officer (appointed under the Act).
Seeking Interim Relief:
The male victim may file for interim maintenance or relief at the time of filing the complaint. The court may grant interim relief for housing, medical expenses, or maintenance if the man’s financial needs are urgent.
Submission of Evidence:
The husband or male partner must submit evidence of the domestic violence, economic abuse, or physical abuse he has suffered. This can include medical reports, financial statements, proof of economic hardship, and testimonies from witnesses.
Court Hearing and Judgment:
After hearing both parties, the court will issue an order for interim or final maintenance, depending on the case’s facts. If the abuse is proven and the man is financially dependent, the court is likely to grant maintenance.
Enforcement of Maintenance Order:
Once a court grants maintenance, the male victim can seek legal enforcement if the order is not complied with by the spouse or partner.
Example:
A man who has been subjected to emotional and financial abuse by his wife (who is earning a substantial income) and who is unable to support himself can file a complaint under the Domestic Violence Act. The man can seek maintenance or financial relief to meet his needs, especially if he has been denied access to his own income or assets by his wife.
Conclusion:
Yes, men can seek maintenance under the Domestic Violence Act if they are victims of domestic violence or economic abuse. The law provides for gender-neutral protection, meaning that men who are subjected to abuse by their spouses or partners can request monetary relief, compensation, and maintenance. The success of such claims depends on the evidence presented and the judicial discretion based on the circumstances of the case.
