The Bombay High Court has ruled that a woman is entitled to maintenance under the Domestic Violence Act (DV Act) even after divorce. The court reaffirmed that a “domestic relationship” extends beyond marriage and can include past cohabitation.
Court’s Ruling on Maintenance After Divorce
Justice R.G. Avachat, in an order dated January 24, upheld a May 2021 sessions court ruling directing a police constable to pay ₹6,000 per month as maintenance to his ex-wife. The judge emphasized that the DV Act provides protection to women even if the marriage has ended.
The court noted that the definition of a domestic relationship includes people who have lived together at any point in time in a shared household due to marriage, blood relations, or relationships similar to marriage.
Case Background
- The couple got married in May 2013 but started living separately in July 2013 due to disputes.
- They eventually got divorced, and the husband claimed that he had already cleared all arrears of maintenance before the marriage was dissolved.
- However, the woman argued that the DV Act entitles even divorced women to claim maintenance and other financial reliefs.
The husband challenged the sessions court ruling in the High Court, arguing that since the marriage no longer existed, his ex-wife had no right to claim maintenance under the DV Act.
Court’s Response
Justice Avachat dismissed the husband’s plea, stating that:
“The petitioner (husband) was legally obligated to provide maintenance for his wife. Since he failed to do so, she had no choice but to seek relief under the Domestic Violence Act.”
The court also pointed out that the man was earning over ₹25,000 per month as a police constable and was fortunate to be required to pay only ₹6,000 per month.
Legal Implications
This ruling sets an important precedent by reinforcing that women have a right to claim financial support even after divorce under the DV Act. The decision ensures that women, especially those facing financial hardships post-divorce, continue to receive legal protection and financial assistance.
Legal experts believe this judgment will strengthen women’s rights and encourage courts to provide fair maintenance orders even after the dissolution of marriage.
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