Domestic violence case lawyer in Delhi

Cause Title: X V. State & Anr (Neutral Citation: 2025:DHC:6114)

The Delhi High Court observed that merely because the wife failed to provide the exact date and time of the alleged tortures does not tantamount to mean that the domestic violence case of the wife is without any basis. A petition was filed by the wife challenging the setting aside of the order granting maintenance of Rs. 4,000/- per month each to the wife and her minor child. The Bench of Justice Amit Mahajan observed, "It is pertinent to note that the case of the petitioner was brushed aside on the ground that the petitioner had failed to provide the exact date and manner of physical cruelty/harassment. However, merely because the petitioner failed to provide the exact date and time of the alleged tortures does not tantamount to mean that the case of the petitioner is without any basis."

Court's Analysis The Delhi High Court noted that the DV Act was enacted with a view to provide effective protection to the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family. Thus, a very expansive definition has was accorded to the term ‘domestic violence’ “An examination of Section 3 of the DV Act makes it manifest that the term ‘domestic violence’ includes economic abuse”, the Court said. After analysis the facts of the case, the Court highlighted that the case of the wife was brushed aside on the ground that the petitioner had failed to provide the exact date and manner of physical cruelty/harassment.

However, merely because the petitioner failed to provide the exact date and time of the alleged tortures does not tantamount to mean that the case of the petitioner is without any basis”, the Court added. Consequently, the Court opined that the wife was entitled to receive compensation on account of ‘economic abuse’. The Bench observed that given that the husband has not stated that any family member is dependent on him and considering that the income of the husband has been assessed as ₹20,000/-, maintenance for a sum of ₹4,000/- per month to the petitioner and the minor child is not unreasonable. Accordingly, the petition was allowed.

Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi

+91 85957 22509

Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi

+91 85957 22509

Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi

+91 85957 22509

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