Court Recognizes Constitutionally Protected Maternity Rights, Sets Aside Punitive Cost Order in Civil Suit
In a significant judgment delivered on September 3, 2026, the Delhi High Court, presided by Justice Ajay Digpaul, waived a substantial cost of Rs. 25,000 imposed by the trial court on the petitioner's counsel who was absent due to maternity reasons. The case, Dilbagh Singh v. Deepak Gandhi, involved a civil suit where the petitioner's counsel was unable to appear during proceedings due to being eight months pregnant and having been advised bed rest.
The trial court had initially imposed the cost as a punitive measure for the counsel's absence on May 16, 2026, despite allowing the petitioner one last opportunity to cross-examine the witness. The petitioner challenged this order, contending that the imposition of costs was unreasonable and failed to appreciate the constitutionally protected right to maternity.
Justice Digpaul, after reviewing the facts, acknowledged that the counsel's absence was unintentional and justified by medical advice related to pregnancy. The Court emphasized that while costs are generally imposed to deter avoidable defaults and compensate the aggrieved party, it would be inappropriate and unjust to burden the petitioner with heavy costs in circumstances protected by constitutional rights.
The Court held that maternity constitutes a sufficient cause for absence under Order IX Rule 7 of the Civil Procedure Code, 1908, and therefore, the cost order was set aside. The judgment underscores the judiciary's sensitivity towards upholding fundamental rights, such as maternity, within the procedural framework of civil litigation.
This ruling serves as an important precedent for ensuring that procedural safeguards do not override constitutionally guaranteed rights and that punitive costs are not imposed in cases where absence is justified on such grounds.
Bottom Line:
Waiver of costs imposed for absence of counsel due to constitutionally protected maternity rights.
Statutory provision(s):
Code of Civil Procedure, 1908 Order IX Rule 7
Dilbagh Singh v. Deepak Gandhi, (Delhi) : Law Finder Doc Id # 2974576
