The Bombay High Court has recently held that even if a Muslim husband has divorced his wife, Notwithstanding this, a divorced Muslim wife cannot be denied maintenance in a proceeding initiated by her under Section 12 of the Domestic Violence Act. A Muslim woman can claim relief under the Protection of Women from Domestic Violence Act even after divorce. According to the case, the woman had alleged in her complaint that she had gone to Saudi Arabia in 2006 with her husband. There she had a dispute with her husband's relatives, due to which the husband misbehaved with her. In 2012, the woman returned to India with her husband and children and started living in her husband's house. There she was beaten many times, not only this, the relatives of the husband also tried to kill her. After which she went to her parents' house, after reaching there she lodged a complaint against her husband and relatives and claimed relief under Section 12 of the Domestic Violence Act. On the application of the woman, the magistrate ordered to give 7500 and 2500 as maintenance to the woman and her son respectively. Along with this, ordered to pay ₹ 2000 as house rent, in addition to this, ordered to pay compensation amount of ₹ 50000. Aggrieved by the order of the Magistrate, both husband and wife challenged the order through separate appeals. The Sessions Judge increased the amount of maintenance to ₹ 16000 on the appeal of the wife, after which the husband filed a revision petition in the High Court. The husband stated that the wife had even filed a complaint of domestic violence when she had left her matrimonial home and was living in her parents' home for more than a year. Thus, there was no domestic relationship between them on the date on which the allegation of domestic violence and relief is sought, and the wife is not a victim under the Domestic Violence Act. Further, the husband referred to Section 4 and 5 of the Divorced Muslim Women( Protection of Rights Act), saying that a divorced Muslim woman is not entitled to receive maintenance. The court rejected the petitioner's contention that the wife was not a victim under the Domestic Violence Act and referred to a judgment of the Supreme Court that the aggrieved person under the Act included a woman who had previously lived with the petitioner . The court also rejected the petitioner's contention that a divorced Muslim woman is not entitled to maintenance. Citing a Supreme Court judgment, the court said that a
divorced Muslim woman is entitled to maintenance until she remarries.