Friday, 2 May, 2008

Can a Divorced Wife Claim Maintenance From Her Ex-Husband ?

Section 125 of the Code of Criminal Procedure 1973 empowers a magistrate of the first class ( now a Family Court) to order maintenance to wife, children and parents. As per Section 125 (b) a “ wife” includes a woman who has been divorced by, or has obtained a divorce from her husband and has not remarried.

Whether a divorced wife is entitled to claim maintenance from her former husband has been

a subject-matter for judicial decisions by Courts on many occasions. Recently Hon’ble Mr. Justice R. Basant of the Hon. High Court of Kerala in the case Sajeev Kumar Vs. Dhanya has reiterated the earlier judicial stand on the subject in favour of the divorced wife.

In the case of Sajeevkumar his wife had ‘suffered’ a divorce due to her own fault. Divorce was granted on the ground that the wife had ‘deserted’ the husband. After the divorce the divorced wife filed an application for maintenance for herself and her child. The ex-husband resisted the claim that the divorce itself was due to the fault of the wife. The Family Court did not accept the contention of the divorced husband. It was further contended by the husband that the divorced wife has sufficient income to maintain herself and her child. Another contention of the husband was that he does not have sufficient income to pay separate maintenance to the divorced wife who lives separately . All those contentions were rejected by the Family Court and the Court directed the ex-husband to pay maintenance @ Rs. 1,500/- and Rs. 750/- per mensem respectively to the divorced wife and her child. The husband moved the Hon. High Court in Revision and the Hon. Single Judge upheld the decision of the Family Court

1 comment:

  1. Sir,
    I have worked in a aided school for leave vacancy(8 months). After that i joint to another aided school and worked for 5 years. Due to division fall there is a chance to thrown out fron the post. So can I join in the first school, if there is a vacancy?


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