Vikramajit Sen, J.

Crl. M.As. 4172-73/2008

1. Allowed, subject to all just exceptions. WP(Crl.) 425/2008 & Crl. M.A. 4171/2008

2. This Petition was originally listed before a Single Judge of this Court. The Petition contains two prayers - (a) for declaring the Protection of Women from Domestic Violence Act, 2005 (for short Act) as ultra virus the Constitution of India and (b) to quash the proceedings before the Metropolitan Magistrate, New Delhi. Very briefly stated, the Petitioner admits that a Ring Ceremony had been performed between him and Respondent No. 2, but no marriage had been celebrated. Respondent No. 2 however appears to have taken the stance that their marriage was duly solemnized.

3. Learned Counsel for the Petitioner has assailed the virus of the Act on the ground that inasmuch as it provides protection only to women and not to men, the statute offends Article 14 of the Constitution of India. It is beyond cavil that legislation must be presumed to be legally sound and proper, and thereforee the burden of proving that it is unconstitutional rests heavily on the Petitioner who asserts so. It has been laid down that if it is evident that a statute is predicated