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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 said.

A 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 ₹6,000 to his divorced wife per month.

The 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 Act.

The 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 marriage.

“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.