Divorced Wife Entitled to Maintenance Under Section 125 CrPC Irrespective Of Ground Or Manner Of Divorce: Delhi High Court

The Delhi High Court has observed that a divorced wife is entitled to maintenance under Section 125 or CrPC, it respective of the ground or the manner of divorce.

“….it is pertinent to observe that once a wife is divorced, she is per se entitled to maintenance under Section 125 Cr.P.C irrespective of the ground or the manner in which the divorce is taken,” Justice Neena Bansal Krishna said.

The Court was dealing with a husband's plea seeking quashing of the maintenance petition filed by the wife before the trial court.

The parties got married in 2018 as per islamic rites and a son was born in October 2019. Due to matrimonial discord, the marriage between them was dissolved by way of Talaq-e-Khula in 2021

Rs. 33 lakhs were given as a full and final amount to the wife as well as for the minor son. In 2023, the wife filed the maintenance petition seeking monthly maintenance of Rs. 1.2 lakh for herself and for the upbringing of the child.

Refusing to quash the maintenance petition, the Court said that the Order for Interim Maintenance for the education of the child was made by the trial court which has been duly complied by the husband. It noted that in the last two years, he did not make any grievance of the Maintenance Petition.

The Court said that it was a matter for consideration before the Family Court whether the circumstances justified grant of any Maintenance to the wife and the minor child.

It added that the Settlement Agreement between the parties cannot be a basis to outrightly say that the Maintenance Petition was not maintainable, especially when it included the maintenance of the child.

“From these observations itself, it is evident that the learned Family Judge before granting any Interim Maintenance, would have to answer the pertinent question of whether the husband has neglected or refused to give maintenance to the wife and whether she is unable to maintain herself. As has been submitted, the matter is listed for Interim Maintenance and these questions would naturally be answered by the Ld. Judge before granting or declining the Interim Maintenance,” the Court said.

Title: UMAR HARIS v. YUSRA MERAJ & ANR

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