A married man is under moral and legal obligation to maintain his estranged wife whether he possesses any property or not or whether or not he has any means.
A woman, who has been granted maintenance during pendency of divorce plea, is also entitled to seek rent under the Domestic Violence Act, a city court has said.
"A married man is under moral and legal obligation to maintain his estranged wife whether he possesses any property or not or whether or not he has any means. The obligation to maintain her is personal in character and arises from very existence of the relationship between partners," Additional Sessions Judge Nivedita Anil Sharma said.
The court said a husband has a duty to provide for his wife and child and it was not believable that his earnings were hardly sufficient for himself.
If an order passed under the Hindu Marriage Act (HMA) for maintenance following divorce proceedings does not deal with the aspect of rent for woman and her child, then she can invoke the Protection of Women from Domestic Violence Act for this purpose, it said.
The court passed the order while hearing an appeal of a man who had challenged a direction by a Metropolitan Magistrate asking him to pay Rs 3,000 to his estranged wife and child. He contended that the quantum of maintenance to be given to the wife had already been decided by the Additional District Judge in the divorce petition filed by him.
The court, however, was not impressed with the man's plea, stating he had not been able to prove the Additional District Judge had taken into consideration the factor relating to her residence.
"Nothing is shown on records by the husband to indicate that no case is made out or that the wife is not entitled to any relief," the court said. "It is also clear that as the aspect of residence has not been considered by the Additional District Judge, there is no bar in pursuing this issue before the trial court under the Domestic Violence Act," it added.
The court said the order passed by the Metropolitan Magistrate was reasonable as the wife would require that much of amount for her residence to lead the life with dignity.
"The amount of Rs 3,000 that has been ordered to be paid by the husband to wife towards residence is absolutely reasonable and there is nothing on records to show otherwise. The wife would require at least this much amount to live with dignity and maintain herself," the court said.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}