Relief can't be claimed for unborn child: Delhi court

No maintenance can be claimed for an unborn child as it has not yet come into existence, a Delhi court has said while dismissing a pregnant woman’s plea for relief from her estranged husband in a domestic violence case.

Metropolitan Magistrate Shivani Chauhan dismissed the woman’s application, which sought Rs 30,000 per month from her husband in expenses for her unborn child, as well as after its birth, since it had been subjected to domestic violence.

“An unborn foetus is not within the definition of a ‘child’. As it has not yet been born, no domestic violence can be committed on it. No maintenance can be claimed on behalf of a person who is not in existence on the date of filing of the application,” the magistrate said.

The court, meanwhile, accepted the contention of the woman’s husband, a resident of South Delhi. 

He said that he earned lesser than his wife, who was concealing some of her income from the court.

Rejecting the woman’s plea, it said: “The medical expenses of the complainant (woman) and her family, including expenses to be incurred on the delivery of the child, are already covered by the employer of the woman. 

The application of the woman under the Protection of Women from Domestic Violence Act is dismissed.”