Magistrate told to rehear domestic violence case

August 01, 2017 01:07 am | Updated 01:07 am IST - New Delhi

A Sessions Court here has asked the Metropolitan Magistrate (MM) court to hear afresh a domestic violence case filed by a woman seeking ₹12,000 from her estranged husband so that she can rent an accommodation and live separately from him.

The Magistrate had declined the appellant’s plea noting that the woman was been living with her parents.

“The fact that the appellant has been residing at her maternal house cannot be considered to be a valid grounds for denial of her right to a separate residence,” Special Judge Lokesh Kumar Sharma said.

“The MM should have considered the fact that this is an act qualifying under the category of ‘socially benevolent legislation’ brought into effect to save victims of domestic violence from starvation and being destitute, and to restore their status in society to the level they enjoyed in their marital homes,” the Judge said.

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