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Synopsis

The court of Metropolitan Magistrate, Dadar, Mumbai recently directed the husband of a Muslim woman to pay her a sum of Rs. 50000 under the Protection of Women From the Domestic Violence Act for her medical expenses even after divorce.

The woman had approached the court seeking an interim order of maintenance alleging that she had been harassed by her husband's family and her parents had been forced to pay Rs. 2 Lakh as dowry after the marriage. 

She alleged that because of her husband's family, she suffered physically and mentally and consequently required dialysis at regular intervals due to kidney failure. She also apprised the court that she had no source of income.

Opposing her plea, the woman’s husband denied all the allegations stating that he never ill-treated her and contended that after the divorce, it was not his obligation to provide for medical expenses. He also argued that the woman could earn on her own.

Further, he told the court that the divorce was by mutual consent and the woman had filed the present application only to harass him.

The court observed that under the Domestic Violence Act, the applicant should prima facie show that the respondents had subjected her to domestic violence and the same was seen in the present case.

Court stated that the wife had been asked to bring money from her parents and also there had been negligence towards her health during pregnancy which ultimately led to a miscarriage of her pregnancy.

Furthermore, court rejected the respondent husband's argument that they were divorced but the original Khula Deed was with the father of the woman and he had misplaced the draft of the deed.

Court held that even if it was considered that both of them were divorced, the Muslim husbands have to make provision for the maintenance during the Iddat period which was not made in the present case.

Court relied on the Supreme Court’s judgment in Daniel Latifi and Anr. v/s Union of India and Shabana Bano V/s Imran Khan and held that the ratio of Section 125 of the CrPc can be applied to Section 20 of the Domestic Violence Act.

Therefore, highlighting that the husband was earning Rs. 1 lakh per month and the woman needed financial help which was evident from her medical records, the court held that it would be just and proper to direct the respondent husband to pay Rs. 50 thousand for woman's medical expenses.