Estranged wife can get maintenance: Bombay High Court

Holding that a woman who lives separately from her husband is entitled to maintenance under the Hindu Adoption and Maintenance Act, the Bombay High Court has upheld a divorce, but directed the family court to hear afresh the plea for maintenance filed by the woman for herself and her daughter.

A division bench of Justice AM Khanwilkar and Justice AR Joshi said: “The manner in which the petition for maintenance and separate residence filed by the appellant has been decided upon is undesirable.”

The bench referred the appeal to the family court to hear it afresh and decide it as expeditiously as possible.

The high court was hearing an appeal filed by a woman and her daughter claiming a separate house and maintenance. She claimed the court was obliged to analyse the pleadings and evidence of the parties in the context of the requirements of Clause (g) of Section 18(2), which entitles the Hindu wife to live separately from her husband without forfeiting her claim to maintenance on account of any other cause justifying living separately.

The bench agreed. “It was, but appropriate, that the family court ought to have analysed the material on record to answer the same independently and not to jump to a conclusion.”

The couple got married 1990 and in 2005, the woman moved out of the house on the grounds of desertion and cruelty. She also alleged that the husband had illicit relations with his sisters.

The man tried to settle the dispute amicably twice, but failed. He finally sought
divorce and in 2011, the family court passed a decree. The high court had upheld that
decree.