Findings of cruelty against wife cannot be ground for denial of maintenance: Delhi High Court

The Delhi High Court has said that findings of cruelty against a woman in divorce proceedings cannot be a ground for denying her maintenance from her husband under the Domestic Violence Act.

The court made this observation while hearing a petition filed by a woman challenging a sessions court order which had ordered a magistrate court to pay Rs 1 lakh as monthly maintenance to her 65-year-old estranged husband. The instruction was cancelled.

A bench of Justice Amit Bansal said, “…in my view, findings of cruelty against the wife in divorce proceedings cannot be a ground for denying maintenance to the wife under the provisions of the Domestic Violence Act.”

The court, relying on the decisions of the Supreme Court, emphasized that even if cruelty is established in divorce proceedings, it cannot be a valid ground for refusing to pay maintenance. The top court has earlier clarified that even divorce on the ground of desertion does not negate the wife’s right to claim maintenance.

The court overturned the sessions court’s order, criticizing the lack of logic and justification for sending the case back to the trial court. “The order of remand is completely cryptic and no reason has been given to justify the remand,” it said. “The responsibility of a father towards his child does not end when the child attains majority,” it said. Goes, even if he is still pursuing his studies.”

Expressing concern over the delay in the case, Justice Bansal thought it appropriate to fix a sum for interim maintenance despite sending the matter for further decision.

“It is unfortunate that in the present case, the complaint was filed in the year 2009 and almost 14 years have passed, and no interim maintenance has been granted to the wife except a sum of Rs. As per the above order passed by this Court, Rs.10,00,000/- was paid by the husband,” the court said.

The court directed the husband to pay Rs 50,000 per month to the wife as interim maintenance from December 16, 2009 (the date of filing of the DV Act complaint) till November 1, 2019, when the Sessions Court issued its order. . It stated that an amount of Rs. From this interim maintenance amount, Rs 10 lakh already paid by the husband to the wife will be deducted.