Bombay High court. File
| Photo Credit: Vivek Bendre
The Bombay High Court recently directed a police constable to pay ₹5,000 as maintenance and ₹1,000 for rent of his ex-wife’s separate residence under Protection of Women from Domestic Violence Act.
The court remarked, he is fortunate to only pay ₹6,000 and not more as his salary then was much more.
A single Bench of Justice RG Avachat was hearing a petition filed by Atul Raybole challenging an order by Additional Sessions judge in May 2021 directed him to pay ₹5,000 as maintenance besides a sum of ₹1,000 towards rent for a separate residence. The question before the court is whether a divorced wife is entitled to claim maintenance under the Act.
The couple got married in May 2013 and were staying in Pune. The woman claimed her husband and his parents ill-treated her and left the house. However, the man claimed that his wife ill-treated him and his parents and he filed for dissolution of marriage. The dissolution of marriage which was allowed.
The advocate appearing for the man contended that since there was no marital relationship when the decree for dissolution of marriage came to be passed, the wife is not entitled to any reliefs under the Act. According to him, all arrears of maintenance until the date of dissolution of marriage have been cleared.
The counsel for the woman on the other hand argued that the Act undoubtedly indicates that even a wife, who has been divorced or who has obtained a divorce, is entitled to claim relief of maintenance and ancillary reliefs under the Act.
The court noted, “The husband was under statutory obligation to make provisions of maintenance of his wife. Since he failed to make such provision, the wife has no option but to prefer an application under the Act. However, the Trial Court rejected the application and the Appellate Court granted her relief.”
The order reads, “The husband is fortunate to have been required to pay only a sum of ₹6,000 per month to the wife, when he is in police service, drawing a salary necessarily more than ₹25,000 per month at the relevant time and by now much more than that.”
The court said, “The Appellate Court has rightly allowed the application directing the husband to pay his wife the maintenance of ₹5,000 p.m. and ₹1,000 p.m. towards rent for her separate residence, this Court finds no reason to interfere with the order” and dismissed his plea.
