Dismissing a plea challenging a session court order related to domestic violence, the Delhi High Court said no litigant can be allowed to frivolously take up the proceedings initiated before the court by a victim of domestic violence.

A bench of Justice Amit Mahajan said that the Domestic Violence Act is designed to provide more effective protection for the rights of women who are victims of violence within the family.

The court made the above remarks on the appeal petition of a person. The appellant had challenged the July 2022 decision of the Magistrate Court. The court had directed the appellant husband to pay a monthly maintenance allowance of Rs 6,000 to the wife.

The magistrate court's order was passed on the wife's petition against the husband and his family members under the Domestic Violence Act of 2005. The appellant had claimed in the petition that he came to know about the passing of the July 2022 session court order only in October 2022 when the policeman came to inform him about the hearing on the execution petition filed by the wife on November 1, 2022. 

The High Court rejected the claim of the appellant husband and said that he had voluntarily stopped appearing before the Magistrate. The Magistrate acted ex parte, and hence it cannot be argued that he was not aware of the order passed by the lower court. The court said that the explanation given by the petitioner for not appearing before the magistrate is baseless.