Divorced wife entitled for maintenance

The Bombay High Court took the fine lines from the provisions of the Protection of Women from Domestic Violence Act and interpreted that the ex-wife should get maintenance even after divorce.

New Delhi, Feb 7: In a judgment that has raised alarm bells among men and given cheerful smiles to feminists, the Bombay High Court has ruled that a man would have to pay maintenance to his ex-wife even after their divorce.

The court held that the man in the case under hearing, who worked as a police constable, must pay a maintenance of Rs 6,000 to the woman who was his wife but settled for divorce later.

The question in front of the single-judge Bench of Justice R.G. Avachat was whether a divorced wife should get maintenance under the Protection of Women from Domestic Violence (DV) Act. The court came heavily upon the ex-husband and held that the ex-wife is entitled to maintenance. The judge took the fine lines from the provisions of the Act and interpreted that ex-wife should get maintenance even after divorce.

Short-lived marriage not an issue

From the judgment it appears quite clear that the Bombay High Court is of the opinion that the duration of marriage does not matter because in the instant case, the marriage lasted merely a couple of months. The man was married to the woman in May 2013 but she deserted him soon after the quarrel started in July 2013.

The matrimonial disputes kept going on and the natural outcome was a divorce. However, when the two parties were going through the divorce process, the woman changed her mind and appealed for maintenance under the DV Act. Although the family court rejected her application, the Sessions court accepted it and granted her maintenance.

The order was then challenged by the husband in the High Court which maintained the Sessions court's ruling. The High Court held that the man's claim that the woman was not entitled to relief because she was divorced, does not hold ground. The court claims that even when there was no marital relationship in existence, the DV Act is applicable.

The logic behind the High Court order is that firstly, domestic relationships also include partners who 'have' lived together. The court further observed that the term 'domestic relationship' is suggestive of any relationship that was there at 'any point of time'. Thus, even if the divorce was done, it would apply as there was a 'domestic relationship' and, therefore, in the instant case, the ex-husband is liable to pay maintenance to his ex-wife.