Introduction
The Orissa High Court has clarified an important aspect of matrimonial law. The Court held that even if a wife is held guilty of desertion and divorce is granted on that ground, she may still be entitled to maintenance after divorce.
Legal Issue
The husband’s argument that divorce on the ground of desertion should automatically disentitle the wife from claiming maintenance did not succeed. The Court rejected this rigid interpretation of law.
Background
The case involved a marital dispute where the husband had obtained divorce on the ground of desertion by the wife. Following the divorce, the question arose whether the wife could still claim maintenance.
The husband contended that since the wife had deserted him, she should not be entitled to any financial support after dissolution of marriage.
Petitioner’s Stance
The husband argued that desertion is a matrimonial fault. Therefore, once divorce is granted on that ground, the wife loses her right to claim maintenance under law.
Court’s Ruling
The Court rejected this contention and held that divorce on the ground of desertion does not automatically bar maintenance under Section 125 CrPC (now corresponding provisions under BNSS).
The Court clarified that maintenance is a social justice measure meant to prevent destitution. It is independent of the grounds on which divorce is granted.
The Court emphasized that:
Grant of divorce and right to maintenance are separate legal issues.
Even a divorced wife can claim maintenance if she is unable to maintain herself.
Desertion alone is not a sufficient ground to deny maintenance.
Implications
This judgment reinforces the protective nature of maintenance laws in India. It ensures that divorced women are not left without financial support merely because they were found at fault in matrimonial proceedings.
Conclusion
The Orissa High Court’s ruling strengthens the principle that maintenance is a welfare provision. Even after divorce on grounds like desertion, a wife’s right to claim maintenance survives, subject to legal conditions.
