Women Entitled to Maintenance After Divorce Under Domestic Violence Act: Bombay High Court
The Bombay High Court has ruled that a woman is entitled to maintenance under the Protection of Women from Domestic Violence Act (DV Act) even after divorce. Justice R. G. Avachat upheld a May 2021 order from a sessions court directing a police constable to pay his divorced wife Rs 6,000 per month.
In the ruling, Justice Avachat noted that the term “domestic relationship” includes relationships where two individuals have lived together in a shared household, regardless of their current marital status. This includes situations where the individuals were related by marriage or a relationship akin to marriage at any point in time.
The case involved a couple who married in May 2013 but began living separately in July 2013 due to matrimonial disputes, eventually leading to their divorce. Despite the man’s claim that all arrears of maintenance were cleared by the time of the divorce, the woman argued that the DV Act allows her to seek maintenance even after the dissolution of the marriage.
The man contended that since there was no longer a marital relationship, his ex-wife was not entitled to any relief under the DV Act. However, Justice Avachat emphasized that the man was still obligated to provide maintenance, noting that he was directed to pay only Rs 6,000 per month despite earning a monthly salary of over Rs 25,000.
The court highlighted that the petitioner, as the husband, had a statutory obligation to provide for his wife. Since he failed to fulfill this obligation, the wife had to file an application under the DV Act. Initially, her application for maintenance was rejected by the family court, but the sessions court later allowed her plea in 2021.
This ruling reaffirms the rights of women to seek maintenance and other reliefs under the DV Act, ensuring legal protection even after divorce.
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