Man cannot deny maintenance to ex-wife who deserted him: bombay hc

Adv. Yogen Kakade (Querist) 21 December 2015 This query is : Resolved
The Bombay High Court, while upholding a sessions court order directing a man to pay maintenance to his former wife, observed that there was no merit his contention that he was not liable to pay maintenance since the divorce was obtained on ground of desertion by the woman.

The man had approached the HC stating his wife had deserted him 11 years ago, leading him to file for divorce.

At the time of divorce, the court had directed the husband to pay a monthly maintenance of Rs 450 to his former wife. However, the two came to an agreement whereby the woman would accept a sum of Rs 65,000 as a one-time full and final settlement and relinquish all rights to claim any maintenance in future.

She, however, filed for maintenance before a judicial magistrate first class later but was denied any relief. She then appealed before a session court and was awarded a monthly compensation of Rs 1,000, which was challenged by the man in the HC.

The husband approached the HC saying the sessions court had erred in discarding their relinquishment deed.

Justice M S Sonak, however, said, “After decree of divorce is passed, there is no obligation to live with the husband, and though marital relations came to an end, the respondent (ex-wife) continues to be wife within the meaning of Section 125 of the Criminal Procedure Code.”

Citing a Supreme Court order, the HC said, “In the capacity as a divorced woman, she cannot be disentitled to claim maintenance from the person as once she was the wife. A woman if after her divorce becomes destitute, the man who was once her husband continues to be under statutory duty and obligation to provide maintenance to her.”

The court said there is no question of relinquishment of right to claim maintenance as such a clause cannot be enforced in a court of law, as the same would be opposed to public policy. “There is no merit in the contentions that since the divorce was obtained by the petitioner on the ground of desertion, ” stated the HC.

The court has directed the man to pay arrears of the maintenance to his former wife within three months.

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