A Delhi court via its order dated January 08, 2022 allowed a woman’s plea for interim maintenance by ruling that “a wife is entitled to maintenance from her estranged husband even if she lives in the same household”.
The court observed that it was a common scenario in Indian households “where a victim of domestic violence is deprived of basic necessities”.
Case:
The couple got married in 2007 and have three minor children.
Allegations by Wife
The grievance of the appellant-wife is that she was never treated with any respect and affection by her husband and in laws at her matrimonial house. According to her, soon after the marriage she was harassed and tortured for more dowry. It is the case of the appellant that she was not allowed to even work professionally after the marriage, even though she was professionally qualified to work as a teacher at that time.
The appellant was aggrieved by the conduct of her husband and other in-laws, who did not take care of even her basic necessities and rather gave beatings to her on several occasions. There are detail allegations as to how the appellant was deprived even use of water and air conditioner in her matrimonial house. Due to the conduct of the in-laws and her husband, the appellant was compelled to leave her matrimonial house on 09.08.2019 and she started living with her parents. Since the said date, her husband has never provided any maintenance to her and she is totally dependent on her parents for all her needs.
Husband’s Side
All the allegations which the appellant made regarding violence and cruelty have been denied. In fact it is the case of the respondent-husband that because of the cruel conduct of the appellant, he was forced to file a divorce petition against her which is pending disposal in the concerned family court.
It is their case that the appellant herein, in fact wrote sexually explicit love letter to her own brother-in-law (brother of her husband), which shows her immoral conduct unbecoming of a wife and a mother.
It is denied by the respondent husband that the complainant was ever compelled to leave the matrimonial house and it is his averment that the appellant has always lived in the matrimonial home only. Further, it is the case of the respondent husband that he alone is taking care of his three minor children and looking after all their expenses and needs.
Delhi Sessions Court
Additional Sessions Judge (ASJ) Monika Saroha noted that there is usually a practice in many Indian households “an educated woman despite her qualification may not be allowed to join any regular employment to take care of her young children born in quick succession and to attend to the needs of her husband and family.”
The woman had filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act (DV Act), alleging torture by her husband. After the husband denied the allegations, the trial court had found no ground for granting interim maintenance, noting that the woman had master’s and bachelor’s degrees, and was “capable of maintaining herself”. ASJ Saroha said,
Admittedly, the husband and the wife were residing in the same household at the time of passing of the impugned order. However, the trial court was wrong in coming to the conclusion that merely because the aggrieved person before it was residing in her matrimonial house, she is not entitled to any maintenance.
The court noted that even though at the time of passing the impugned order, the woman was residing in the matrimonial house and therefore, she had no rental expenses and did not have any obligation to pay any electricity/water expenses etc, “still a wife is entitled to at least a minimum amount from her husband for her daily needs of food, toiletries, groceries, clothing etc”. The court added,
The trial court erred in assuming that since the lady is residing in the matrimonial house, it is unbelievable that her husband is not paying her any maintenance or not taking care of her necessities.
It is a common scenario in several households in our society where a victim of domestic violence is deprived of basic necessities and not a rupee is given to her to meet her daily needs, even though she resides in the same house.
It said that merely because the husband is bearing the expenses of his children, no presumption can be made that he must also be maintaining his wife. The court further said,
Had that been the situation, there would have been no occasion for the wife to approach the trial Court and the police authorities with her grievances and the husband would have at least somewhere mentioned how much he is spending every month to maintain his wife.
Woman Educated, But Maintenance Her Right
The judge also noted that the trial court did not apply the correct legal position and reasoning while holding that since the woman is an M.A., B.Ed., she is also capable of earning a decent salary and taking care of her own financial needs, and is not entitled to any maintenance.The court said,
It is a settled law that the capacity to earn is totally different from the actual earnings. A middle-aged woman, a mother of three, who has accused her husband and in-laws of threatening her with domestic violence, can not be denied maintenance on the ground that many years ago she had procured B.A. and B.Ed. degree.
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