A woman filed an application for interim maintenance before the court in Delhi. Delhi court after hearing the case held that if a woman lives with the estranged husband in her matrimonial home then also she is entitled to maintenance from her husband.

The court highlighted the fact that in Indian society educated women may not be allowed to pursue her career as she have to attend the household chores. Therefore it’s become the duty of the husband to pay her maintenance even if she is living in the matrimonial home in consonance of his earnings and how many dependents on such earning.

This appeal is in response to the decision given by the trial court. The trial court dismissed the petition filed by the wife for interim maintenance against her estranged husband.

The complaint was filed under section 12 of the Domestic Violence act. The woman alleged that she was tortured by her husband but her husband denied the allegations made before the court.

The trial court highlighted the fact that the wife is holding a degree of BA and B.ED, thus she is capable to maintain herself. The relief on this observation is denied to her by the court.

The present court observed that the trial court was wrong in presuming that the husband was bearing the expenses of the wife if she is living in a matrimonial home. The court failed to notice that the woman is subjected to physical or mental violence if the basic needs are denied to her. It’s creating a deep agony on her mind if there is no penny given to her for maintaining herself.

The court said that a woman of middle age, mother of three children accused her husband of domestic violence. The relief of maintenance cannot deny only on the basis of degree she holds.

The court of appeal allowed the appeal in favour of wife.

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