Divorced Women Entitled to Maintenance Under Domestic Violence Act: Bombay High Court
The Bombay High Court has clarified that women are eligible for maintenance under the Protection of Women from Domestic Violence Act (DV Act), even after divorce.
The ruling came from a single-judge bench led by Justice R. G. Avachat, who upheld a 2021 sessions court order that directed a police constable to pay ₹6,000 per month as maintenance to his ex-wife.
The couple had married in May 2013, but due to ongoing disputes, they began living separately by July 2013 and later got divorced. During the divorce proceedings, the wife had applied for maintenance under the DV Act. While the family court initially rejected her plea, the sessions court accepted it in May 2021, leading to the current petition in the High Court.
The man argued that since their marriage had legally ended, his ex-wife could no longer claim maintenance. He also claimed to have cleared all dues before the divorce was finalized.
However, the court disagreed. It highlighted the legal definition of a “domestic relationship” under the DV Act, which includes people who have lived together in a shared household at any point in time through marriage or a relationship similar to marriage. This definition, the court said, allows even divorced women to seek support under the Act.
Justice Avachat added that the man, earning over ₹25,000 per month as a police constable, was lucky to be ordered to pay only ₹6,000. He emphasized that a husband has a legal duty to support his wife, and since the man had failed to do so, the woman had no option but to approach the court under the DV Act.
The judgment is a strong affirmation of women’s rights to financial support even after a legal separation, ensuring continued protection under the law.
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