Delhi High Court Advocates Humane Consideration for Pregnant Women Lawyers

The Delhi High Court emphasized a compassionate approach for women lawyers facing maternity issues. Justice Ajay Digpaul waived a Rs 25,000 cost against Dilbagh Singh after acknowledging valid reasons for his lawyer's absence. The Court urged that costs should not unduly burden litigants when genuine reasons are demonstrated.

In a significant ruling, the Delhi High Court has emphasized the importance of a sensitive and humane approach towards women lawyers facing maternity-related challenges. The Court ruled that hefty costs should not burden litigants when their counsel's absence has been justified with sufficient cause.

The case involved petitioner Dilbagh Singh, who was initially imposed a cost of Rs 25,000 after seeking another opportunity to cross-examine a witness. His counsel, Advocate Aditi Drall, was absent on key dates due to maternity leave and ongoing Bar Council elections, prompting the Trial Court to impose the cost as a condition for granting relief.

Justice Ajay Digpaul of the Delhi High Court reviewed the case and found the reasons for the counsel's absence to be valid, especially considering her pregnancy. The Court noted that while costs serve as a deterrent for unnecessary defaults, they should not excessively burden parties with legitimate reasons. As a result, the High Court set aside the cost, allowing the petitioner another chance to cross-examine the witness without financial penalties.