The Delhi High Court in a recent order said that just because the wife is able bodied and can earn a livelihood does not absolve a husband not to provide maintenance to her and children. The high court further upheld the trial court order which said that the fact the husband is living with another lady and has a daughter from her is sufficient to make out a case of domestic violence against him.


"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," the Delhi High Court observed in a recent judgment while rejecting a man's plea against a trial court order that had directed him to pay monthly maintenance to his wife.


Wife Compelled To Leave Home Due To Husband's Extra Marital Affair Makes Her Victim Of Domestic Violence: Delhi High Court


A bench of Justice Subramonium Prasad made the observation while rejecting a husband's plea against grant of monthly maintenance of Rs 30,000 to his wife.


The high court noted that Section 3 of the Domestic Violence (DV) Act defines domestic violence and it includes physical abuse, sexual abuse, verbal and emotional abuse and economic abuse and all other forms of abuse which can be inflicted on a lady.


"In the complaint filed by the Respondent/Wife, it is stated that she was subjected to physical and mental abuse by the Petitioner herein. 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 does not come within the four corners of the DV Act cannot be accepted," the order read.


The court further added that the wife had to leave her matrimonial house because she was unable to tolerate the fact that her husband is living with another woman.


"Since the Respondent/Wife was not in a position to take care of her two children, she had no option to leave them with the parents of the Petitioner herein. Looking at the peculiar facts of the case, the action of the Respondent/wife cannot be found fault with," the high court noted.


The Trial Court had directed the husband to pay Rs.5,00,000/- to the wife towards injuries sustained by her, including mental torture, depression and emotional distress. The Trial Court also directed the husband to pay Rs.3,00,000/- to the wife as compensation, including Rs.30,000/- as litigation costs.


The husband had approached the high court against this trial court order. The Delhi High Court refused to interfere with the trial court order.