A single judge bench of Calcutta High Court held that a divorced women is entitled to maintenance even if she unilaterally obtains divorce from her husband.
The Learned Trial Judge committed illegality when she held that a divorced wife is not entitled to get maintenance. The petitioner moved in revision for redrassal of the said wrong but she was again wronged by the Learned Revisional Court on the ground that the petitioner was allegedly found in compromise situation with a third person by the opposite party and accordingly she was not dutiful to her husband.
Law is absolutely settled that even a divorced wife is entitled to get maintenance till her remarriage if she is unable to maintain herself. The impugned order does not suggest any finding as to whether the petitioner was able or unable to maintain herself or not independently.
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