Bombay HC Rules: Harassment Doesn't Bar Maintenance

The Nagpur bench of the Bombay High Court recently affirmed a woman's right to financial support, even after seeking divorce due to alleged mistreatment. Justice Urmila Joshi-Phalke dismissed a criminal revision application filed by a man from Chhindwara, Madhya Pradesh, who challenged maintenance ordered for his Nagpur-based wife.

The husband contended that his wife, who left the matrimonial home, was not entitled to maintenance. However, the court found evidence of neglect and refusal by the husband, citing the wife's allegations of repeated dowry demands and physical assault since their 2012 marriage. An incident in June 2014, where she alleged assault with a waist belt, led her to seek police intervention.

The court noted the husband's failure to discredit these allegations during cross-examination and his absence from divorce proceedings. "Where a wife cannot reasonably hope to live with dignity with her husband, she may refuse to live with him," the court stated, clarifying the scope of Section 125 CrPC.

Furthermore, the court rejected the husband's assertion that the wife could support herself, as no evidence of her independent income was presented. The Family Court had previously awarded escalating monthly maintenance, starting at Rs5,000 from January 14, 2017, and increasing over time, with the highest amount of Rs7,000 from September 1, 2024, onwards. The High Court directed the husband to clear all outstanding arrears within one month.