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A single judge bench of Justice Anoop Kumar Mendiratta in its April 5 order further said, "The same was enacted to safeguard the rights of the victims of ‘domestic violence’ in domestic relationship.” (Express archive)
The Delhi High Court has recently observed that the Protection of Women from Domestic Violence Act is a “measure of social justice applicable to each woman irrespective of religious affiliation or social background”.
A single judge bench of Justice Anoop Kumar Mendiratta in its April 5 order further said, “The same was enacted to safeguard the rights of the victims of ‘domestic violence’ in domestic relationship.”
The High Court made the observations while dismissing a plea moved by a husband and his relatives challenging an appellate court order restoring the domestic violence complaint of the wife.
The petitioners had claimed that the non-appearance of the wife before the trial court was “intentional in order to harass the petitioners”. It was also submitted that the respondent wife was contesting other litigations between the same parties and sufficient grounds have not been shown before the appellate court (Additional Sessions Judge) for restoration of the proceedings.
Initially, the trial court had dismissed the wife’s restoration application. She had then approached the appellate court (ASJ) which had restored the same on March 5. Against this, the husband and relatives moved the High Court.
Justice Mendiratta, however, observed that there was “no blemish in the order passed by the learned Appellate Court and for the cogent reasons, learned ASJ was duly satisfied with the explanation extended for non-appearance of respondent/counsel”.
The High Court said that the procedure is the “handmaid of justice and is to come to the aid of justice rather than defeating it”.
“Considering the facts and circumstances of the case, no grounds for interference in the impugned order are made out, since sufficient grounds have been shown by the respondent for restoration of proceedings,” the High Court said while dismissing the husband’s plea.
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