Woman entitled to maintenance under Domestic Violence Act even after divorce: Bombay HC

A woman is entitled to maintenance under provisions of the Protection of Women from Domestic Violence Act DV Act even after divorce the Bombay High Court has saidA single bench of Justice R G Avachat in the order of January 24 upheld a May 2021 order passed by a sessions court directing the man a police constable to pay a maintenance of Rs 6000 to his divorced wife per monthThe bench in its order noted that the plea raises a question as to whether a divorced wife is entitled to claim maintenance under the DV ActThe high court in its order noted that the definition of the term domestic relationship suggests a relationship between two persons who live or have at any point of time mostly in the past lived together in a shared household when they were related by consanguinity marriage or through a relationship in the nature of marriageThe petitioner being husband was under statutory obligation to make provisions of maintenance of his wife Since he failed to make such provision the respondentwife had no option but to file an application under the DV Act the court saidAlso Read Bombay HC refuses to stop tender for sanitary napkins for govt school says safety and hygiene of girls importantJustice Avachat further said the man was fortunate that he was directed to pay only a sum of Rs 6000 per month when he was in police service and was drawing a salary of more than Rs 25000 per monthAs per the plea the man and the woman got married in May 2013 but started living separately from July 2013 due to matrimonial disputes The couple later got divorcedDuring the divorce proceedings the woman had sought maintenance under the DV ActThe family court had rejected her application following which she approached the sessions court which in 2021 allowed her pleaThe man in his petition in the HC claimed since there is no marital relationship in existence any more his wife was not entitled to any relief under the DV ActHe further said that all arrears of maintenance were cleared by the date of dissolution of marriageThe woman opposed the plea and said provisions of the DV Act ensure that even a wife who has been divorced or has obtained a divorce was entitled to claim relief of maintenance and other ancillary reliefsThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever