Trial courts cautioned on domestic violence cases in Delhi
New Delhi: Under the domestic violence law, a trial court cannot issue orders against those relatives of a married woman who have not been in a domestic relationship with her, the Delhi High Court has said.
"It is expected from the trial court that before passing an order under Domestic Violence Act, it must be satisfied that there existed a domestic relationship between the petitioner and the respondent," said Justice Shiv Narayan Dhingra Monday while setting aside a trial court`s order in favour of a widow.
"It is also incumbent upon the court to specify as to which of the respondents would be liable to make the payment of interim maintenance and why, keeping in view the provisions of the act," Justice Dhingra said.
Setting aside the trial court passed against five male respondents on a petition filed by the widow, the high court expressed surprise as to why the order has been passed against all male relatives named by the complainant in her complaint.
Justice Dhingra said the trial court passed the order without coming to a conclusion whether any domestic relationship existed between the aggrieved person and the respondents.
"Neither the order of learned magistrate nor the order passed by learned additional sessions judge specify as to which of the respondent out of the five would be liable to make the payment and why," he said.
"The learned magistrate has only discussed the broad allegations and counter allegations but her order is conspicuously silent as to who were in the domestic relationship with the widow and who out of the five persons had deprived the widow of financial resources, if any, and who was liable to pay maintenance," observed the court.
The court remanded back the case to the trial court asking the concerned magistrate to pass an order accordance with law.
More from India
More from World
More from Sports
More from Entertaiment
- Indian- Americans launch online petition to declare Pakistan 'sponsor of terrorism'
- DNA: Analysis over who is responsible for tense condition of Kashmir after Burhan Wani's death?
- EU warns Pakistan of political and economic sanctions over atrocities in Baloch
- Should Pakistani artists be restricted from working in India?
- Discussion over if Pak is in fear of war after India's stringent initiative on Uri terror attack?
- SHOCKING VIDEO: This man was trying to take selfie with python - You won't believe what happened next!
- All you need to know about Reliance JioFi at Rs 1,999 – use free data till December 31
- Call up this number and get Reliance Jio's SIM for sure
- WATCH: Ravichandran Ashwin's magic ball that bamboozled Kane Williamson on Day 3
- If you have guts, send your suicide bombers to Pakistan: Samajwadi Party to MNS' Raj Thackeray