NEW DELHI: The Delhi High Court, in a ruling, observed that a wife forced to leave her matrimonial home because of husband’s extra marital affair makes her a victim of domestic violence under the Domestic Violence Act.
Justice Subramonium Prasad also upheld the lower court’s previous order towards payment of maintenance by the petitioner/husband to his estranged wife.
“…No lady can tolerate that her husband is cohabiting with another lady and has a child from her. All these facts make the respondent/wife a victim of domestic violence. The contention of the petitioner that the complaint filed by the respondent/wife doesn’t come within the four corners of the Domestic Violence Act can’t be accepted,” read the order.
Rejecting the husband’s plea, Justice Subramonium Prasad observed "…that the amount of Rs 30,000 per month awarded by the trial court to be paid by the petitioner herein/husband to the respondent/wife doesn’t require any interference.”
It further added that the fact that the respondent/wife is capable of earning can’t work to her detriment. The couple, married since 1998, has been embroiled in a contentious legal battle after the respondent/wife accused her husband of domestic abuse, adultery, and neglect.
In her complaint, she detailed the deteriorating relationship, attributing it to husband’s extramarital affair, which eventually led to his abandonment of their matrimonial home. She further alleged that the husband had introduced a lady to his family and later had a child with her.
The Delhi High Court, while rejecting the petitioner/husband’s contentions, remarked that the respondent/wife had no choice but to leave her two children with petitioner’s parents, as she was unable to take care for them.
The Delhi High Court also stated that even if the respondent is able bodied and can earn a living does not absolve the husband not to provide maintenance to his wife and children.
“…Indian women leave their jobs to look after the family, cater to the needs of their children, look after their husbands and his parents. The contention that the respondent is only a parasite and is abusing the process of law is nothing but an insult not only to the Respondent herein but to the entire women kind”, remarked the court.
The case
In her complaint, she detailed the deteriorating relationship, attributing it to husband’s extramarital affair, which eventually led to his abandonment of their matrimonial home. She further alleged that the husband had introduced a lady to his family and later had a child with her.