Introduction:

In a significant ruling, the Delhi High Court has affirmed that findings of cruelty against a wife in divorce proceedings alone cannot be grounds to deny her maintenance under the Domestic Violence Act, 2005. Justice Amit Bansal addressed a wife’s plea against a sessions judge’s order, which set aside a lower court’s maintenance directive. The court emphasized the need for immediate relief for the aggrieved wife, especially when civil remedies are delayed. This case highlights the delicate balance between divorce proceedings and the right to maintenance under the Domestic Violence Act.

Arguments:

The case involves a matrimonial dispute where the wife filed a complaint under the Domestic Violence Act in 2009, alleging domestic violence by her husband. After mediation, a settlement agreement was reached, but the wife claimed the husband failed to comply. The magistrate’s order, finding the wife suffered domestic violence, was challenged by the husband in the sessions court. The impugned order remanded the case for a de novo trial without fixing interim maintenance, prompting the wife’s plea in the Delhi High Court.

Court’s Judgement:

Justice Amit Bansal held that a revision petition lies to the High Court against a sessions court order under Section 29 of the Domestic Violence Act. The court criticized the cryptic nature of the sessions court order, which remanded the case without justification. Emphasizing the Act’s intent to provide immediate relief, the court directed the husband to pay Rs. 50,000 monthly as interim maintenance from the filing of the complaint in 2009 until the sessions court’s judgment in 2019. The court clarified that the appeal should be decided based on the existing material, with the parties at liberty to introduce additional evidence.