JAMMU, Dec 2: In a rarest of the rare case, a husband has filed complaint against wife for domestic violence and the Judicial Magistrate Ist Class (Sub-Judge) Jammu, Renu Dogra Gupta has issued notice to the accused.
The complainant Kanav Gupta, son of Bansi Lal Gupta of Channi Himmat filed complaint against his wife Neha Gupta through Advocate Meenakshi Slathia Kour under Section 12 of Protection of Women from Domestic Violence Act, 2005.
The counsel for the complainant cited judgments passed in case titled Hiral P Harsora and Others Versus Kusum Narottamdass Harsora on October 6, 2016 and Mohammad Zakir Versus Shabana on April 18, 2017. As per these judgments, the husband can file a case against wife.
“There are sufficient grounds to proceed against the accused for the commission of offence under Section 12 of the Protection of Women from Domestic Violence Act. Hence, cognizance for the offence has been taken against the accused namely Neha Gupta”, the court observed and issued notice to the accused at the first instance.
Source : https://www.dailyexcelsior.com/notice-to-wife-in-complaint-filed-by-husband-for-domestic-violence/
To my knowledge, issuing notice to wife at the instance of husband in DVC is against law