In a landmark ruling, the Bombay High Court reaffirmed that a divorced wife is entitled to seek maintenance under the Domestic Violence (DV) Act, even in the absence of a current domestic relationship. The decision strengthens the legal protection available to women facing financial hardship after divorce.
The case involved an agriculturist who challenged the maintenance awarded to his ex-wife, arguing that their marriage ended in 2014 and that she left the matrimonial home voluntarily in 2009. He contended that since their domestic relationship had ceased, she had no right to claim maintenance under the DV Act.
However, the woman’s counsel relied on the Supreme Court’s 2022 ruling in Prabha Tyagi vs Kamlesh Devi, which clarified that a domestic relationship need not be subsisting at the time of filing for relief under the DV Act. The court upheld her right to seek maintenance, emphasizing that any woman who has been in a domestic relationship and subjected to domestic violence can seek relief under Section 12 of the Act.
Justice More, aligning with the Supreme Court’s precedent, dismissed the ex-husband’s objections and ruled in favor of the woman, reinforcing the principle that the DV Act extends protection beyond the duration of marriage and continues to safeguard women’s rights even post-divorce.