The Bombay High Court has ruled that women are entitled to receive maintenance under the Protection of Women from Domestic Violence Act (DV Act) even after divorce. This significant ruling was passed by Justice R G Avachat, who upheld a previous order by a sessions court in May 2021. The case involved a police constable who was directed to pay Rs 6,000 per month to his ex-wife as maintenance.
The court clarified that the definition of a “domestic relationship” under the DV Act includes relationships where two individuals lived together in a shared household, even if they are no longer married. This includes past relationships by marriage or similar relationships.
Case Background:
The couple got married in May 2013, but due to ongoing disputes, they began living separately by July 2013. The couple later got divorced. The man argued that since their marriage had been dissolved, he was no longer responsible for paying maintenance under the DV Act. However, the high court rejected this argument, stating that the woman remained entitled to maintenance as per the DV Act.
Court’s Judgment:
Justice Avachat noted that the police constable, who was earning over Rs 25,000 per month, was fortunate to be directed to pay only Rs 6,000 per month. The court also emphasized that the husband had a legal obligation to provide for his wife’s maintenance. Since he failed to do so, the woman had no choice but to seek relief through the DV Act.
The family court initially rejected the woman’s claim for maintenance during divorce proceedings, but the sessions court later ruled in her favor in 2021, and this ruling was upheld by the Bombay High Court.
This case reinforces the fact that women can claim maintenance and other reliefs under the DV Act, even after a divorce. It highlights the importance of the Domestic Violence Act in ensuring financial security for women who have faced domestic issues, even after their marriage has ended.
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