The Bombay High Court recently refused to entertain the plea of a divorced woman who had sought that an order granting monthly maintenance of ₹6,000 be quashed.
The court said, however, that “pronouncing talaq after causing harassment amounts to domestic violence”.
A single-judge Bench of Justice Prakash Naik was hearing a criminal petition filed by Noor Khan challenging a trial court order passed on July 21, 2015, granting maintenance of ₹10,000 per month to his ex-wife Hasina Bano.
In an order dated February 15, 2016, the sum was modified to ₹6,000 after Mr. Khan moved court and was granted relief.
Ms. Bano contended that on May 16, 2012, her ex-husband had pronounced talaq three times orally.
Her lawyer said, “Their marriage was not consummated. Ms. Bano did not get her monthly period and Mr. Khan pronounced oral talaq, which is supported by the fatwa obtained from Mufti/Qazi Aziz-ur-Rehman.”
According to Mr. Khan, in May 2011, his net salary — after all deductions — was ₹5,180, and in July 2015, it was ₹6,397. His net salary was ₹6,124 in March 2016.
Ms. Bano’s lawyer said that Mr. Khan’s salary slip for July 2015 reveals that his salary of ₹14,000 per month comprises general provident fund (GPF). She said, “GPF is a voluntary deduction that is not to be considered while calculating income for the purposes of deciding maintenance.”
The court observed that “the act of the appellant who had pronounced talaq after causing harassment amounts to domestic violence”, but said there was no reason to interfere with the orders.
“The (lower) court is also justified in granting maintenance to Ms. Bano from the date of the petition under the Domestic Violence Act. Hence, the petition fails and is dismissed,” it said.