The Allahabad High Court rules that a divorced woman can seek maintenance from her ex-husband even if the divorce was granted on the ground of desertion. The court holds that the mere fact of dissolution of marriage on such grounds does not automatically bar a maintenance claim.
The judgment explains that a divorced wife’s eligibility is tied to statutory conditions rather than only the reason for divorce. The court indicates that she must not have remarried and must be unable to support herself. It also notes that maintenance can be considered for the period after the marriage ends, subject to the applicable legal framework under Section 125 of the Code of Criminal Procedure (CrPC).
In the case before it, the court orders interim maintenance of ₹4,000, with the matter to be reconsidered by the Family Court. The decision therefore directs lower courts to examine the woman’s eligibility factors and financial need, rather than treating desertion as an automatic disqualification.
