Maintenance Rights of Divorced Women: Reconsideration Plea by Mr. Debal Banerjee

The Supreme Court revisited the issue of maintenance rights for divorced women in a plea presented by Mr. Debal Banerjee. The case involves a debate on whether obligations to maintain a divorced spouse should endure post-divorce. Stay tuned for more insights on this critical legal matter.

Arguments

The argument presented is that even a divorced woman falls under the definition of wife in the explanation provided.
Therefore, a wife who has been divorced due to desertion would not be eligible for maintenance as per sub-section (4).
Mr. Debal Banerjee has cited three judgments of this Court that contradict his argument.
His contention is that under sub-section (4), a wife who has deserted her husband cannot claim maintenance under Section 125 of the Cr.P.C.
Mr. Debal Banerjee urged for reconsideration of the matter.
Counsel for the respondent argued that once a divorce decree was passed against the respondent and marital relations with the petitioner ended, all mutual rights, duties, and obligations should also end.
It was pleaded that in such a situation, the obligation of the petitioner to maintain a woman with whom all relations ceased should also be considered to have ended.

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Analysis

Section 125(4) states that a wife shall not be entitled to maintenance from her husband if she is living in adultery, refuses to live with him, or they are living separately by mutual consent.
The definition of ‘wife’ in Section 125 does not include a woman who has been divorced as there would be no question of her living in adultery or refusing to live with her ex-husband.
Sub-section (4) of Section 125 does not apply to divorced women as there is no longer a husband-wife relationship after divorce.
The court, in Rohtash Singh Vs. Ramendri & Ors., also held that the provision of maintenance under Section 125 does not apply to divorced women.
Section 125 of the Code provides for the grant of maintenance to wives, children, and parents.
Vanamala vs. H.M. Ranganatha Bhatta (1995) 5 SCC 299 also dealt with a similar issue.
The court held that maintenance can be granted to wives, children, and parents under Section 125 of the Code.
A woman after divorce is entitled to maintenance if neglected by the ex-husband.
The timing of filing a petition for maintenance is at the discretion of the wife.
A divorced woman has the right to claim maintenance in two distinct capacities.
The deeming fiction of a divorced wife being treated as a wife is for the limited purpose of grant of maintenance.
A divorced wife is not compelled to live with her ex-husband.
The fact that the wife did not file a maintenance petition during the divorce proceedings does not bar her from doing so later on.
Explanation II to Section 125 of the Cr.P.C. deems a divorced woman as a wife for maintenance claims.
The husband cannot deny maintenance to a divorced wife on the grounds of her refusal to live with him.
The view on maintenance rights post-divorce as established by previous judgments has been confirmed by a three-judge Bench.
The qualifications or income of the wife do not negate her right to maintenance post-divorce.
The history of the matrimonial dispute and legal proceedings prior to divorce are factors considered in the maintenance claim.
In the absence of evidence, no presumption can be raised that the wife is earning enough to support herself.
The appeals were dismissed as no merit was found.
The husband’s income through taxable returns was brought on record, showing he earned Rs.13,16,585/- per year.
Based on this income, Rs.10,000/- per month was awarded as maintenance to the wife.
No evidence was provided regarding the wife’s income or employment.
It was the husband’s responsibility to provide such evidence.