Delhi HC affirms importance of Domestic Violence Act in maintenance dispute

New Delhi, Jan 27 : While dealing with a case under Domestic Violence Act, 2005, the Delhi High Court has observed the gravity of proceedings stating that litigants cannot take them lightly.

Justice Amit Mahajan stressed the Acts intent to provide effective protection to women victimised within the family and noted the legislative provision for maintenance to women unable to support themselves.

The courts remarks came in response to a husbands plea challenging a trial court order upholding a lower court decision passed ex-parte in July 2022, directing him to pay a monthly maintenance of Rs 6,000 to his wife.

The wife had filed a petition under Section 12 of the Domestic Violence Act, 2005, against the husband and his family members.

The husband, claiming unawareness of the order until October 2022, did not appear before the executing court but filed an appeal challenging the July, 2022 order before the Appellate Court.

The impugned order stayed the said decision, contingent on the husband paying 50 per cent of the maintenance.

Justice Bansal rejected the husbands plea, noting that he voluntarily ceased appearing before the Magistrate, leading to an ex-parte proceeding.

The court dismissed the argument that he learned about the order only in October 2022, saying that the husband had participated in the proceedings before the trial court.

"The explanation provided by the petitioner for his non-appearance before the learned Magistrate is unmerited," the court remarked.

It further noted that the petition was filed belatedly in October, 2023, and the petitioner had not fully complied with the trial courts order or the interim order from the appellate court.

"The conduct of the petitioner does not entitle him to any relief," the court concluded, reaffirming the seriousness with which the Domestic Violence Act proceedings should be approached and the importance of compliance with court orders in such matters.

spr/svn