Delhi High Court Clarifies Purpose of Maintenance under DV Act, Emphasizing Rehabilitation over Imprisonment

In a recent ruling, the Delhi High Court underscored that the objective of maintenance under the Protection of Women from Domestic Violence Act (DV Act) is to uplift victims rather than immediately incarcerating "aggressors" for non-payment. Justice Swarana Kanta Sharma clarified that Section 31 of the DV Act, which deals with breaches, does not extend to summoning individuals for failing to pay maintenance under Section 20 of the Act.

The Court highlighted that the DV Act aims to provide protection, rehabilitation, and upliftment to victims of domestic violence, distinct from imprisonment for non-payment of maintenance. The judgment stated, "The idea is not to immediately initiate criminal proceedings against the aggressor... for non-payment of maintenance and to send such person to prison forthwith."

It emphasized that the Act offers specific remedies for non-payment of monetary relief, such as recovery from employers or debtors. For other cases, remedies under the Code of Criminal Procedure are available.

The Court quashed a summoning order issued against a petitioner for alleged non-compliance with interim maintenance orders. The petitioner argued that Section 31 pertains to breaches of protection orders, not monetary reliefs. The High Court agreed, clarifying that Section 31 exclusively addresses protection orders, and orders for maintenance should be handled under relevant provisions of the DV Act and CrPC.

Author: Anushka Taraniya

News Writer, MIT ADT University