The Delhi High Court has asserted that findings of cruelty against a woman in divorce proceedings cannot serve as grounds to deny her maintenance from the husband under the Domestic Violence Act.
The court made the observation while dealing with a plea filed by a woman, challenging a sessions court’s order that had set aside a magisterial court’s directive for her 65-year-old estranged husband to pay her Rs 1 lakh in monthly maintenance.
A bench of Justice Amit Bansal stated, “… in my considered view, the findings of cruelty against the wife in the divorce proceedings by itself cannot be the basis to deny maintenance to the wife under the provisions of the Domestic Violence Act.”
The court relied on Supreme Court judgments, emphasizing that even if cruelty is established in divorce proceedings, it cannot be a valid ground for denying maintenance. The apex court has previously clarified that divorce on grounds of desertion also does not negate the wife’s right to claim maintenance.
The court overturned the session court’s order, criticising its lack of reasoning and justification for remanding the matter back to the trial court. “The order of remand is completely cryptic and without giving any reasons justifying the remand,” it said. “The obligation of a father towards his child does not end when the child attains majority, even though he is still pursuing his studies,” it said.
While expressing concern over the delay in the case, Justice Bansal, despite remanding the matter for further adjudication, deemed it appropriate to fix an amount for interim maintenance.
“It is unfortunate that in the present case, the complaint was filed in the year 2009 and almost 14 years have elapsed, and the wife has not been granted any interim maintenance other than the sum of Rs. 10,00,000/- paid by the husband pursuant to the aforesaid order passed by this Court,” the court said.
The court directed the husband to pay Rs 50,000 per month to the wife as interim maintenance from December 16, 2009 (the filing date of the DV Act complaint) until November 1, 2019, when the Sessions Court issued its order. It said that the sum of Rs. 10 lakh already paid by the husband to the wife would be deducted from this interim maintenance amount.
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