Bombay High Court: Women Can Seek Maintenance Under DV Act Even After Divorce
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 she is legally divorced. The ruling reinforces the rights of women to financial support after the end of a marriage.
Justice R. G. Avachat passed the judgment on January 24 while hearing a petition filed by a police constable. The man had challenged a 2021 sessions court order that directed him to pay ₹6,000 per month to his ex-wife as maintenance. The High Court dismissed his petition and upheld the sessions court’s decision.
The couple got married in May 2013 but started living separately just two months later due to marital disputes. They eventually got divorced. The man argued that since they were no longer married, his former wife was not entitled to maintenance under the DV Act. He also claimed he had already paid all dues before the divorce was finalized.
However, the court referred to the definition of a “domestic relationship” under the Act, which includes individuals who have lived together at any point in time in a shared household through marriage or similar relationships.
The woman argued that even after divorce, the DV Act allows a former wife to seek maintenance and other legal reliefs. She had earlier filed for maintenance during the divorce proceedings, but the family court rejected her request. She then approached the sessions court, which approved her application in May 2021.
Justice Avachat pointed out that the man, who was earning over ₹25,000 per month as a police constable, was fortunate to have been ordered to pay only ₹6,000. He noted that it was the husband’s legal responsibility to provide maintenance. Since he failed to do so, the wife had no choice but to approach the court under the DV Act.
This judgment strengthens the legal position of divorced women seeking rightful support and confirms that financial responsibility does not automatically end with the marriage.
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