Wife cannot be denied maintenance for seeking divorce after harassment: Bombay HC

Nagpur: Observing that a woman cannot be deprived of maintenance merely because she sought divorce after alleged harassment and assault, the Nagpur bench of the Bombay high court recently upheld a Family Court order directing a Madhya Pradesh-based man to provide monthly financial support to his estranged wife.Justice Urmila Joshi-Phalke dismissed a criminal revision application filed by a man from Chhindwara, who challenged the maintenance awarded to his Nagpur-based wife under Section 125 of the Criminal Procedure Code (CrPC).The man argued that his wife voluntarily left the matrimonial home and later filed a divorce petition, which, according to him, showed that she was unwilling to cohabit and therefore not entitled to maintenance.Rejecting the contention, the judge held that the circumstances clearly showed neglect and refusal on the husband’s part. She noted that the wife alleged repeated harassment over dowry demands and physical assault after marriage.The couple got married on April 16, 2012. The wife alleged that soon after marriage, she was subjected to mental and physical cruelty by the husband and his family members. She specifically referred to an incident on June 4, 2014, when she was allegedly assaulted with a waist belt by her husband, after which she approached the police and was referred to the Women Cell.

The court observed that during cross-examination, the husband failed to discredit the allegations of assault and harassment. It also noted that despite being served notice, he chose not to contest the divorce proceedings initiated by the wife.“Where a wife cannot reasonably hope to live with dignity with her husband, she may refuse to live with him,” the court observed, while explaining the scope of Section 125 CrPC dealing with maintenance rights.Justice Joshi-Phalke further held that neglect or refusal to maintain a wife need not always be expressed directly and can be inferred from the conduct of the husband.The court also rejected the husband’s claim that the wife was capable of maintaining herself, noting that no evidence was produced to establish that she had an independent source of income.The Family Court at Nagpur earlier awarded maintenance of Rs5,000 per month from Jan 14, 2017, to Dec 31, 2020, Rs6,000 from Jan 1, 2021, to Aug 31, 2024, and Rs7,000 per month from Sept 1, 2024, onwards. While dismissing the revision plea, the HC directed the husband to clear all arrears within a month.