The Bombay High Court has ruled that a divorced woman can seek maintenance from her ex-husband under the Domestic Violence (DV) Act. Justice Sandipkumar More, presiding over the case, upheld a previous court decision that increased the monthly maintenance from ₹1,500 to ₹3,000.
Case Background
The case involved a 50-year-old agriculturist from Yavatmal district, who challenged the enhanced maintenance order issued in April 2021. The agriculturist argued that since his marriage was dissolved in 2014, his ex-wife could no longer claim maintenance under the DV Act. He further asserted that there had been no domestic relationship between them since 2009 when she left the matrimonial home.
Court’s Decision
The woman’s legal team relied on the 2022 Supreme Court judgment in Prabha Tyagi vs. Kamlesh Devi. This ruling clarified that a domestic relationship need not exist at the time of filing a DV Act application. Justice More highlighted that a divorced wife falls under the definition of an “aggrieved person” and is therefore eligible to seek maintenance under Section 12 of the DV Act.
Significance of the Ruling
This judgment strengthens the legal protection for divorced women, affirming their right to maintenance even after the dissolution of marriage. The Bombay High Court’s decision emphasizes that the DV Act’s provisions are designed to support individuals who have experienced domestic violence at any stage of their relationship.
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