‘Estranged Wife in matrimonial home entitled to Maintenance’: Court

A Delhi court has held that a wife is entitled to maintenance from her estranged husband even if she lives in the same household.

Additional Sessions Judge Monika Saroha said that it was a common scenario in Indian households where domestic violence victims are deprived of basic necessities.

The Court was hearing a plea against a trial Court order that dismissed the woman’s application seeking interim maintenance.

While setting aside the order, the Sessions Court said that the Trial Court was wrong in concluding that she wasn't entitled to any maintenance merely because the aggrieved person was residing in her matrimonial house.

The Court noted that the woman had made specific allegations of domestic violence in her complaint & an FIR has also been registered upon allegations of cruelty as made by her to the police authorities concerned.

In the Order, it said that “The domestic incident report filed by the protection officer also corroborates the complaint of the appellant. As is usually the case, such instances of domestic violence as are narrated by the appellant before the trial court, in her complaint, took place within the four walls of the house. In support of her grievance, the complainant can only rely on the averments made in her complaint & cannot place much material on record to substantiate her averment at the initial stage. However, in view of this court, considering the detailed allegations as made in the complaint U/s 12 of the PWDV Act, there is sufficient material to give rise to at least a prima facie assumption that the appellant was treated with domestic violence".

It further said that a wife is entitled to at least a minimum amount from her husband for her daily needs of food, toiletries, groceries, clothing, etc. & the trial court erred in assuming that since the woman is residing in the matrimonial house, it is unbelievable that her husband is not paying her any maintenance or not taking care of her necessities.

It observed that “It is a common scenario in several households in our society where a victim of domestic violence is deprived of basic necessities & not a rupee is given to her to meet her daily needs, even though she resides in the same house".

The Court said a middle-aged woman, a mother of three children, who has accused her husband & in-laws of threatening her with domestic violence, can not be denied maintenance on the ground that she had procured a BA degree many years ago.

It added that “…as is usually a practice in many Indian households, an educated woman despite her qualification may not be allowed to join any regular employment to take care of her young children born in quick succession & to attend to the needs of her husband & family,".

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