Chhangur Ram Nishad v State of UP, MANU/UP/1086/2015

The wife filed an application under section 12 of the DV Act against the husband seeking maintenance. The magistrate directed the husband to pay an amount of Rs.3,000/- p.m. for maintenance and Rs.800/-p.m. for rent of alternate accommodation to the wife. Thereafter the husband initiated a matrimonial suit for dissolution of his marriage and obtained an ex-parte decree of divorce. Then he filed an application under section 25 of the DV Act seeking modification or revocation of the order contending that their marriage was dissolved which was rejected. Thereafter he filed an appeal in the High Court. 

While dismissing the appeal, the Calcutta High Court held that the wife was in a domestic relationship with the husband. ‘change in circumstances’ and ‘change of marital status’ are quite different. A divorced wife has a right to claim and get maintenance allowance. The right continues till her remarriage. The DV Act provides additional rights and remedies to the aggrieved person.