Domestic Violence Act: Divorced Woman Is Entitled To Maintenance Under The Act- Bombay High Court

The Bombay High Court held that even after divorce, a woman was entitled to maintenance under provisions of the Protection of Women from Domestic Violence Act, 2005 (DV Act) and directed the man to pay Rs. 6,000/- per month to his divorced wife.

The Bench of Justice R.G. Avachat observed that “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 has no option but to prefer an application under Section 12 of PWDVA.”

The Bench noted that “definition of term ‘domestic relationship’ suggests relationship between two persons, who live or have, at any point of time (necessarily in the past), lived together in a shared household, when they were related by consanguinity, marriage or through a relationship in the nature of marriage.” and further observed that “This definition is wide enough to include a woman, who had, at one point of time, lived with her husband or with a person in a relationship like marriage.” 

Advocate Machhindra A. Patil appeared for the petitioner Advocate Dilip Bodake appeared for the respondent.

In this Writ Petition, order passed by the Sessions Court, wherein the petitioner/husband was directed to pay the respondent/wife the maintenance of Rs. 6000/- per month, was challenged on the ground that a divorced wife was not entitled to claim maintenance under DV Act.

The man and the woman got married in May 2013 but started living separately from July 2013 due to disputes between them and later, got divorced.

The Court said that the petitioner/husband was fortunate enough of having required to pay only a sum of Rs. 6,000/- per month to the respondent/wife, when he being in police service, drawing salary necessarily more than Rs. 25,000/- per month.

Accordingly, the Writ Petition was disposed of.

Cause Title- Atul Amrut Raybole & Ors. V. Shubhangi Atul Raybole & Anr.  

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