Bombay High Court. file | Photo credit: Vivek Bendre
The Bombay High Court recently directed a police constable to pay ₹5,000 as maintenance under the Protection of Women from Domestic Violence Act and ₹1,000 for the rent of his separate residence to his ex-wife.
The court remarked that he was lucky to have been paid only ₹6,000 and not more, as his salary at that time was very high.
A single bench of Justice RG Awachat was hearing a plea filed by Atul Rebole challenging an order of the Additional Sessions Judge in May 2021, directing him to pay rent for a separate residence in addition to an amount of ₹1,000 as maintenance. 5,000 was directed to be paid. The question before the court is whether the divorced wife is entitled to claim maintenance under the Act.
The two had married in May 2013 and were living in Pune. The woman claimed that she was ill-treated by her husband and his parents and left the house. However, the man claimed that his wife misbehaved with him and his parents and filed for divorce. Dissolution of marriage which was permitted.
The counsel appearing for the man argued that since there was no marital relationship at the time of passing of the decree of dissolution of marriage, the wife is not entitled to any relief under the Act. According to him, all arrears of maintenance up to the date of dissolution of the marriage have been paid.
The woman’s counsel, on the other hand, argued that the Act undoubtedly indicates that even a wife, who has been divorced or has obtained a divorce, is entitled to claim maintenance and ancillary relief under the Act.
The court said, “The husband was under a statutory obligation to make provision for the maintenance of his wife. Since he failed to make such a provision, the wife had no option but to make an application under the Act. However, the trial court dismissed the application and the appellate court granted him relief.”
The order states, “The husband is fortunate that he is required to pay only ₹6,000 per month to the wife when he is in police service, necessarily drawing more than ₹25,000 per month at the relevant time.” is and through it is now more than that.
The court said, “The appellate court has rightly allowed the application directing the husband to pay maintenance of ₹5,000 per month to his wife and ₹1,000 per month towards her separation rent, This Court does not find any reason to interfere with the order” and dismissed his plea.