Cruelty Findings in Divorce Case No Bar to Domestic Violence Maintenance: Delhi HC

Cruelty Findings in Divorce Case No Bar to Domestic Violence Maintenance: Delhi HC

VoM News Desk | January 22, 2024 | 11:07 PM IST | Breaking News, Courts & Law | Follow on Google News

Cruelty Findings in Divorce Case No Bar to Domestic Violence Maintenance: Delhi HC

Cruelty Findings in Divorce Case No Bar to Domestic Violence Maintenance: Delhi HC

The Delhi High Court has ruled that findings of cruelty against a wife in divorce proceedings cannot serve as a basis to deny her maintenance under the Domestic Violence Act. The judgment came in response to a woman’s plea challenging a sessions court’s decision to overturn a magisterial court’s order directing her estranged 65-year-old husband to pay her Rs 1 lakh monthly maintenance.

Justice Amit Bansal emphasized that the findings of cruelty in divorce proceedings alone cannot be grounds for denying maintenance under the Domestic Violence Act. The high court referred to Supreme Court judgments stating that even if cruelty is established, it doesn’t bar the wife from claiming maintenance. It noted that divorce granted on grounds like desertion should not automatically deny maintenance to the wife.

The high court set aside the sessions court’s order, criticizing it for remanding the matter without proper justification. It highlighted that the obligation of a father toward his child persists even after reaching adulthood, especially when pursuing studies. The court directed the husband to pay Rs 50,000 per month as interim maintenance from December 16, 2009, to November 1, 2019, deducting the Rs 10 lakh already paid.

This ruling underscores the court’s commitment to ensuring fair treatment and maintenance for wives under the Domestic Violence Act, irrespective of divorce-related findings.

VoM News Desk

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