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Journalism of Courage
Upholding a lower courts order granting maintenance to a woman,the Bombay High Court has said that if the husband marries another woman,wife has the right to live separately and seek maintenance.
Dwarkabai,wife of Gulabrao Ingole,approached the Magistrates court at Wardha in 2004,seeking maintenance of Rs 1,500 from her husband. She alleged that the husband had another wife.
Gulabrao,who married Dwarkabai in 1961,took the stand that she had left within three days of the marriage,and had never lived with him thereafter. He contended that they took divorce by mutual consent according to the custom of their community in 1965.
However,Dwarkabai denied that there was a divorce.
The Magistrates court rejected her plea. But in 2007,the Sessions court reversed the decision,and ordered the husband to pay her maintenance after which he filed an appeal in the High Court.
In the judgment last week,Justice S S Shinde of Nagpur Bench of the Bombay High Court noted that the husband never proved that there was a legal divorce. The court held: There was no legal divorce. The customary divorce has not been proved by the applicant by way of bringing any evidence on record about any such custom.
Further,it said,If the husband is remarried and living with another woman,that itself entitles the wife to live separately.
Therefore,it is not necessary for the wife to prove that the husband has neglected or refused to maintain her, Justice Shinde said.
Noting that Gulabrao was a government servant and receiving pension,the High Court upheld the Sessions courts order,directing him to pay Rs 1,500 to Dwarkabai every month.
