Muslim Woman Can Seek Maintenance Under DV Act Even After Divorce: Bombay HC

The Bombay High Court recently affirmed that a Muslim woman can seek relief under the Protection of Women from Domestic Violence Act, 2005 (DV Act), even after divorce.

A single bench of Justice GA Sanap dismissed a man’s revision application challenging a sessions court order that had increased the maintenance amount granted to his wife in a domestic violence case.

“…even if it is assumed for the sake of argument that the non-applicant has given divorce (Talaq) to the applicant, she cannot be denied maintenance in the proceeding initiated under Section 12 of the D.V. Act.”, the bench stated.

The complainant accompanied her husband to Saudi Arabia in 2006, where a dispute arose between her relatives and her husband’s relatives who resided in the same building. Allegedly, the ill-treatment she endured from her husband was a consequence of this dispute. In 2012, the complainant returned to India with her husband and children, residing in her husband’s house.

She claimed that she faced pressure to file a complaint against her relatives, and when she refused, she was physically assaulted, with her husband’s relatives even attempting to kill her. Seeking refuge at her parents’ house with her younger son, she filed a complaint against her husband and his relatives. Subsequently, her husband returned to Saudi Arabia, failing to provide any maintenance for her. She then filed an application for maintenance, shared household, and compensation.

Opposing her application, the husband denied the allegations, asserting that their quarrels were a result of the family dispute. He claimed that after she left their home, he made considerable efforts to reconcile, but when all attempts failed, he issued a talaq to his wife, duly communicated through registered post.

The magistrate granted maintenance of Rs. 7500/- per month to the complainant and Rs. 2500/- per month to their son. Additionally, the magistrate awarded a monthly rental amount of Rs. 2000/- and a compensation of Rs. 50,000/- to the complainant. Dissatisfied with this order, both parties appealed. The sessions judge allowed the wife’s appeal and increased the maintenance to Rs. 16,000/- per month, leading the husband to file a petition challenging this decision.

The husband argued that the complaint of domestic violence was made more than a year after their separation, thereby negating the existence of a domestic relationship at the time of the application. He contended that, as a divorced Muslim woman, the complainant was not entitled to maintenance under sections 4 and 5 of the Muslim Women (Protection Of Rights On Divorce) Act, which would also be applicable to proceedings initiated under the DV Act.

The court took note of the findings of both the magistrate and the sessions judge, who, upon examining the evidence, concluded that the complainant had experienced domestic violence at the hands of her husband.

In support of its decision, the court referred to the case of Shabana Bano v. Imran Khan, wherein the Supreme Court held that a divorced Muslim woman is entitled to maintenance as long as she does not remarry. It emphasized that Section 125 of the CrPC is a beneficial legislation designed to provide support to divorced Muslim women.

Applying the reasoning from the aforementioned case, the court asserted that even if it is assumed that the husband pronounced talaq, the wife cannot be denied maintenance under the proceedings governed by section 12 of the Domestic Violence Act.

The court reiterated that a subsequent decree of divorce does not absolve the husband of the offense of domestic violence or deny the benefits to the aggrieved person.