The Allahabad High Court has held that a divorce granted because a wife deserted her husband does not extinguish her right to claim maintenance as a divorced woman.
The Court distinguished a claim during marriage from the statutory entitlement available after divorce under Section 125 of the Code of Criminal Procedure. A divorced wife who cannot maintain herself remains eligible until remarriage, even where desertion formed the basis of the decree. The child’s independent maintenance claim also survives until majority, subject to credit for sums already received through military authorities.
The Family Court’s complete rejection of maintenance was set aside and the matter remitted for reconsideration, preferably within six months. Both parties must file financial-disclosure affidavits. Pending the rehearing, the husband must pay ₹4,000 monthly as interim maintenance, with any payments adjustable against a final award.
