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Synopsis

The Bombay High Court last week held that even after divorce, a Muslim woman can seek maintenance and protection under the Protection of Women from Domestic Violence Act, 2005 (DV Act).

A single judge bench of Justice GA Sanap of Nagpur Bench observed that even if it is assumed for the sake of argument that the husband (herein non-applicant as per the present court) had given divorce (Talaq) to the wife (applicant), she cannot be denied maintenance in the proceeding initiated under Section 12 of the D.V. Act.

The court was hearing a criminal revision application filed by the husband against the order dated November 17, 2021 passed by Session Judge Akola, wherein the session judge had dismissed the appeal filed by him and allowed the criminal appeal filed by his wife and enhanced the amount of maintenance quantified by the Magistrate and awarded the same at the rate of Rs.16,000/- per month to the non-applicant/wife and Rs.2,500/- to the minor son from March 01, 2014.

They got married on January 07, 2001, and had three children in wedlock. They both went to Saudi Arabia in the year 2006 and cohabited. According to the wife, during the initial times, there was a dispute between her relatives and her in-laws as they were residing in the same building at Akola. She said that her spouse mistreated her as a result of the dispute. Finally, in 2012, she returned to India with her husband and their children and stayed at her husband's home.

She alleged that she was forced to file a complaint against her relatives and that when she refused, she was abused and her in-laws attempted to murder her. She took her younger son to her parent's place and filed a complaint against her husband and his relatives. Her husband had returned to Saudi Arabia. She claimed that he made no provision for maintenance and filed a claim for maintenance, shared household, and compensation.

Her husband rejected the accusations stated in the application. He claimed that she used to argue with him, and when she left the house he tried all he could to bring her back. He said that when all of his attempts failed, he gave talaq to his wife, which was duly communicated to her with the help of a registered post.

The magistrate granted the wife maintenance of Rs. 7500/- per month and Rs. 2500/- per month for their son. The magistrate also ordered a monthly rent of Rs. 2000/-. In addition, the magistrate granted the complaint Rs. 50,000/- in compensation.

The session court had enhanced the maintenance to Rs. 16,000/- per month. Thus, the husband filed the present petition.

The advocate appearing for the husband contended that the wife left the house of her own will and took shelter in the house of his father. He also stated that on the date of filing of an application, there was no domestic relationship between the parties.

Further, the advocate submitted that the wife being a Muslim woman is not entitled to get maintenance from her husband under Section 4 and Section 5 of the Muslim Women (Protection of Rights On Divorce) Act, 1986.

The advocate representing the wife stated that she had proved that she was subjected to domestic violence. It was also submitted that even if it is held that her husband had given Talaq, she would be entitled to seek relief under Section 12 of the D.V. Act in respect to past domestic violence.

Lastly, it was argued that a Muslim woman even after the divorce is entitled to get maintenance from her husband after the iddat period, as long as she does not remarry.

The court after hearing both parties noted that after reviewing evidence, both the magistrate and the sessions judge concluded that the complainant was subjected to domestic violence by her spouse.

Justice Sanap relied on the case of Shabana Bano v. Imran Khan, in which the Supreme Court ruled that a divorced Muslim woman is entitled to maintenance as long as she does not remarry because Section 125 of the CrPC is a beneficent statute that must benefit divorced Muslim women.

In the present case, the court followed the same reasoning and observed that even though the husband gave talaq, the woman cannot be denied maintenance in proceedings under Section 12 of the DV Act. The court reaffirmed that a subsequent divorce decision will neither relieve the husband's culpability for domestic abuse or deny the aggrieved person the benefit.

The court highlighted that the husband suppressed his actual income but admitted in cross-examination that he has been a chemical engineer in Saudi Arabia since 2005, with 14 years of experience. According to the court, his monthly income is around 20,000 Riyals plus bonuses, approximately Rs. 3,50,000/-.

“The wife is entitled to preserve the lifestyle and standard of living she was accustomed to while living with her husband, and the husband cannot question the wife on this matter,” the court added.

Lastly, the court noted that the enhanced maintenance awarded by the session court would meet her bare necessities.

Accordingly, the present court dismissed the criminal revision filed by the husband.

Case Title: X vs. Z

Statute: Protection of Women from Domestic Violence Act, 2005