Additional Sessions Judge Savita Rao rejected the plea by the woman, posted as a Major in the Army, seeking accommodation during her stay here in the Delhi-based house of her estranged husband observing that the Domestic Violence (DV) Act was not created to discourage women capable of maintaining themselves.
"The act (DV Act) has not been created to discourage the women who are able to maintain and survive themselves with dignity nor have been rendered financially incapable because of the alleged misdeeds of the husband," the judge said.
The woman, in her plea, had demanded that her estranged husband should be asked to make arrangements for her residence or she should be allowed to reside in her matrimonial house, whenever she comes to Delhi.
She had also challenged the order of a magisterial court which had denied her accommodation in her estranged husband's house on ground that she was earning over Rs 60,000 per month as salary and was not dependent for her maintenance.
The sessions court, however, rejected her plea saying that she was claiming a right to stay in her matrimonial home only when she would visit Delhi and not because of being rendered homeless.
"This fact cannot be lost sight of that... (the woman) is neither a destitute lady nor is dependent upon anyone else for her survival," the court said.
The sessions court also upheld the trial court's order saying that the magistrate had rightly concluded that the woman is a government servant and is being provided the facility of residence or Housing Rent Allowance (HRA) and it can never be said that she would be homeless.
