Wife's Failure To Provide Exact Date Of Alleged Torture Doesn't Mean Her Domestic Violence Case Is Without Any Basis: Delhi High Court

The Delhi High Court has observed that merely because the wife fails to provide the exact date and time of the alleged tortures by the husband and his family members does not mean that her case filed under the Domestic Violence Act is without any basis.

Justice Amit Mahajan was dealing with a wife's plea challenging the family court order setting aside the grant of monthly maintenance of Rs. 4,000 to her and the minor child.

It was alleged that despite having received sufficient dowry, the husband demanded a motorcycle from her family and that she was also abused by his family members.

The wife further alleged that she was subjected to beatings and was also asked to bring Rs. 50,000 for the marriage of her sister in law and when she could not fulfill the demand, she was ousted from her matrimonial home.

Allowing the plea, the Court said that no explanation was offered by the husband as to why the wife left his company and that no petition seeking restitution of conjugal rights was preferred by him.

“It is pertinent to note that the case of the petitioner was brushed aside on the ground that the petitioner had failed to provide the exact date and manner of physical cruelty/harassment. However, merely because the petitioner failed to provide the exact date and time of the alleged tortures does not tantamount to mean that the case of the petitioner is without any basis,” the Court said.

Further, it added that the wife had filed a CAW complaint against the husband and his family members and thus, her case cannot be said to be without any ground.

Observing that opinion that the wife was entitled to receive compensation on account of 'economic abuse', the Court awarded maintenance for a sum of Rs. 4,000 each per month to the wife and the minor child respectively.

Title: X v. State & Anr

Citation: 2025 LiveLaw (Del) 903

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