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The Legal Affair

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The Legal Affair

Let's talk Law

Woman to get maintenance even after divorce under DV Act

Woman to get maintenance even after divorce under DV Act

The Bombay High Court recently ordered that woman is entitled to maintenance under the provision of the Protection of Women from Domestic Violence Act even after divorce.

A single bench of Justice R G Avachat upheld the order passed by a sessions court directing the man, a police constable, to pay maintenance of Rs 6,000 to his divorced wife per month.

The court observed that the definition of the term “domestic relationship” suggests a relationship between two persons who live or have, at any point of time, lived together in a shared household. “The petitioner being husband was under statutory obligation to make provisions of maintenance of his wife. Since he failed to make such provision, the respondent/wife had no option but to file an application under the DV Act,” the court said.

The man stated in his petition to the HC that his wife was not eligible for any relief under the DV Act because there
was no longer marital relationship. He argued that all support arrears has been paid by the date of the marriage’s dissolution.
The woman disagreed with the argument and argued that the DV Act’s provisions ensured that even wife who
had already been divorced or obtained divorce was eligible to apply for maintenance relief and other 
ancillary reliefs.

To read more about maintenance laws for women, check out: https://thelegalaffair.com/maintenance-of-women-under-hama-and-crpc/