High Court RULING: Court holds that filing of disunion petition entitles woman to maintenance,
The very filing of a petition making unfounded allegations of cruelty against the wife, gives sufficient cause for the wife to reside separately and therefore, she becomes entitled to get maintenance for herself and her children Justice Shalini Phansalkar-Joshi High Court Judge.
Mumbai : The Bombay High Court has recently held that if a husband files a divorce petition then his wife gets “sufficient” cause to live separately. The HC has also held that the very filing of the divorce petition itself entitles a wife to claim maintenance.
The ruling was made by a single-judge bench of Justice Shalini Phansalkar-Joshi. The judge was hearing a revision petition filed by Pune-based Santosh Chavan, challenging the orders of the Family Court directing him to pay monthly maintenance of Rs. 2500 each to his wife and two children.
Justice Phansalkar-Joshi said, “The very filing of a petition making unfounded allegations of cruelty against the wife, gives sufficient cause for the wife to reside separately and therefore, she becomes entitled to get maintenance for herself and for her children.”
“Admittedly, till the passing of the order, the husband has not made any provision for their maintenance thereby indicating that he has refused and neglected to maintain his wife and children and in such situation, she becomes entitled to get maintenance,” Justice Phansalkar-Joshi added.
Chavan had sought divorce on grounds of cruelty and desertion contending that his wife did not lived with him. He also contended that his wife never sought maintenance while pursuing the divorce plea and that she only made such an application during the course of proceedings.
Having heard the submissions advanced from both the sides, Justice Phansalkar-Joshi noted that the Family Court had decided the divorce petition on merits and had dismissed it.
While upholding the Family Court’s findings, Justice Phansalkar-Joshi said, “No fault can be found in the impugned order of the trial court, if the trial court has held that the very filing of petition for divorce itself gives sufficient cause for the wife to reside separately from the husband and for claiming maintenance for herself and for her children.”
