Divorce on Desertion Not a Ground to Deny Maintenance to Wife, Says Orissa High Court
The Orissa High Court held that even if a marriage is dissolved on the ground of desertion, it does not automatically disentitle the wife from claiming maintenance.
The Court clarified that desertion is a ground for divorce under the Hindu Marriage Act, but maintenance is governed by a separate legal framework aimed at ensuring financial support.
It emphasised that the wife’s right to maintenance depends on her ability to sustain herself and other relevant factors, not merely the ground of divorce.
Accordingly, the Court upheld that post-divorce maintenance can still be granted despite findings of desertion.
