Lucknow, Sep 23 The Allahabad High Court has held that a divorced woman can seek maintenance from her former husband even if the divorce was granted on the ground of desertion, provided she has not remarried and is unable to maintain herself.
Lucknow bench's Justice Ram Manohar Narayan Mishra made the observation on Tuesday while allowing a criminal revision petition filed by Suneeta against a Sultanpur Family Court order rejecting her maintenance claim.
Suneeta had filed a maintenance case under Section 125 of the CrPC in 2009, alleging that her husband and in-laws had harassed her over additional dowry and demanded Rs 1 lakh, a motorcycle and a colour television.
The husband denied the allegations and claimed that she had deserted him and was unwilling to live with him.
During the proceedings, the husband obtained an ex-parte divorce decree on September 25, 2014, on the ground of desertion. The High Court also noted material indicating that he had subsequently remarried, with the second woman's name recorded as his wife in his service records.
The bench held that a divorced woman continues to be treated as a wife for the limited purpose of claiming maintenance under Section 125 CrPC and that the mere fact that the divorce was granted on the ground of desertion does not, by itself, bar her claim, according to the order.
It said a divorced woman is entitled to maintenance until she remarries or becomes capable of maintaining herself through her own earnings, subject to applicable legal conditions.
The court held that the Family Court had erred in rejecting Suneeta's claim in toto. It said her entitlement for the period before the divorce would have to be examined separately, but directed the Family Court to reconsider her claim from September 25, 2014, the date of divorce.
The bench also held that her minor son was entitled to maintenance until attaining adulthood, after accounting for any amount already received through Army authorities, according to the order.
The matter was remanded to the Family Court for fresh consideration.
Pending fresh adjudication, the High Court directed the husband to pay Rs 4,000 per month as interim maintenance to Suneeta.
