NEW DELHI: The Delhi High Court, while dealing with a case under the Domestic Violence Act, 2005, has observed the gravity of proceedings, emphasizing that litigants cannot take them lightly.
"A litigant cannot be allowed to take for granted the proceedings before the Court, especially when the same relates to the proceedings initiated by the victim of domestic violence," Justice Amit Mahajan stated in an order.
"..The DV Act was enacted to provide more effective protection to the rights of women granted under the Constitution, who are the victim of violence, of any kind, occurring within the family. The legislature also noting the victimization of women has provided a mechanism for grant of maintenance to women who are not in a position to maintain themselves. Such proceedings cannot be taken in such a light manner..." it was added.
With the observations, the high court rejected a man's petition against a sessions court order that upheld a magisterial court's July 2022 ex-parte order directing him to pay a monthly maintenance of Rs 6,000 to his wife.
"..The minimum wage for an unskilled employee, as of today, in Delhi is ₹17,494 per month. The petitioner as per his pleading is working as a daily labourer and it can be assumed that he is earning at least the minimum wages as notified by the Government of NCT of Delhi.." the order read.
The magisterial court order was passed on the wife's petition under the Domestic Violence Act, 2005 against the husband and his family.
Approaching the High Court, the man had argued that he came to know about the passing of the July 2022 sessions court order only in October 2022 when a police officer came to inform him that the matter was listed before the court on November 1, 2022, in the execution petition filed by his wife.
Justice Mahajan, in the order, noted that the man, however, did not appear before the executing court and filed an appeal challenging the July 2022 order before the appellate court.