Divorced Woman Can Get Maintenance Under Domestic Violence Act, Says Bombay High Court
The Bombay High Court recently ruled that a divorced woman has the right to seek maintenance under the Domestic Violence (DV) Act. This decision came while hearing a case filed by a 50-year-old farmer from Yavatmal district in Maharashtra.
The man had challenged an earlier order by a sessions court that increased the maintenance he had to pay his ex-wife from ₹1,500 to ₹3,000. This order was based on a complaint the woman filed under the DV Act.
He argued that since their marriage ended in 2014 and his ex-wife left the home in 2009, there was no longer any domestic relationship, so she should not be allowed to claim maintenance. He said they had married in 2005, lived together for four years, and she moved out on her own.
However, the woman’s lawyer said that even though they were divorced, she still had the right to claim maintenance under the DV Act. The lawyer cited a 2022 Supreme Court judgment in the case of Prabha Tyagi vs Kamlesh Devi, which said that a woman can file a complaint under the DV Act even if the domestic relationship no longer exists, as long as she faced domestic violence while in the relationship.
Justice Sandipkumar More, who heard the case, agreed with the woman’s lawyer. He said that the Supreme Court had made it clear that a divorced woman can be considered an “aggrieved person” under the DV Act and can claim relief.
As a result, the High Court dismissed the man’s plea and confirmed that the ex-wife was entitled to maintenance, even after divorce, under the law.
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