Woman deserting husband entitled to alimony after divorce: SC

A woman even though disentitled to maintenance from her husband during the period of separation after deserting him, yet will be entitled to it after divorce if she is unable to sustain herself, Supreme Court observed. The judiciary has resorted to Section 125 of the Criminal Procedure Code irrespective of the religion of married couples, to grant alimony to women during pendency of divorce proceedings or those facing destitution after divorce. However, the legal provision mentions three situations when a woman is not entitled to maintenance: if she is living in adultery, refuses to live with the husband without sufficient reason or if the couple, by mutual consent, decide to live separately. The court was hearing the appeal of a man against a Himachal Pradesh High Court order. The high court had upheld the order of a sessions court granting maintenance of Rs 3,000 per month to the woman. It was contended that when a woman is not entitled to maintenance during the subsistence of marriage if she had deserted her husband wilfully, then how she could be entitled to alimony after divorce being granted on ground of desertion. The Bench said the grounds or reasons for grant of divorce decree become immaterial when the issue of maintenance is raised after the legal separation and a divorcee is entitled for compensation under section 125 of the CrPC. Hence, the bench upheld the Himachal HC order granting the wife alimony and said it would not interfere in the grant of alimony to divorced women under all circumstances, a logic that had consistently been the thread of SC rulings for last 25 years, to uphold the social welfare intent of the legislation which was to prevent destitution among divorced women.

A woman after divorce becomes helpless, in case if she is not able to maintain herself or remains unmarried. It is the duty of the husband to provide for her maintenance irrespective of the fact that he had been deserted by his wife. Women having no source of income cannot be refused alimony only on the ground of desertion. Therefore, this decision of the Supreme Court is in the interest of the society as a whole.