A city court has junked a man's plea for dismissal of his daughter's application seeking maintenance from him on the ground that she was not appearing in court as she was pursuing higher studies in Switzerland.
Putting the woman in such a predicament, to either leave higher education abroad or give up her rights under the statute, cannot be said to advance the parliamentary intention of enacting the Domestic Violence Act.
Additional Sessions Judge Reetesh Singh dismissed the plea of the man, a Delhi resident, challenging a magisterial court's order which had said that since the woman's application for maintenance was pending before it, her personal appearance was not necessary at this stage.
The court noted that the man's daughter was a young girl who was pursuing her education in Switzerland and seeking maintenance from her father.
"The trial court has noted that since what is pending before it is an application for maintenance, personal appearance of the complainant is not necessary at this stage.
"Had such a course not been adopted, the complainant would have to choose either not to pursue her higher education or to give up her rights under the said statute. Putting the complainant in such a predicament cannot be said to advance the parliamentary intention in enacting the DV Act," it said.
While dismissing the man's revision petition, the sessions judge said there was "no illegality, infirmity or perversity" in the trial court's order.
It said the trial court has deemed it appropriate not to insist upon the woman's personal appearance for disposal of the application seeking monetary relief, keeping in mind that she was pursuing higher education abroad.
"It was within the jurisdiction of the trial court to have adopted the said procedure as it advances the parliamentary intention of enacting the said statute, i.E. To provide a forum for a woman in a domestic relationship to secure her rights," the judge said.
