Non-payment of maintenance is economic abuse, constituting domestic violence: Kerala HC
The Kerala High Court has ruled that the non-payment of maintenance by a husband constitutes economic abuse and domestic violence. The court affirmed that victims' claims do not require independent corroboration when harassment occurs within the private sphere of the home.
Why it matters
This legal precedent strengthens protections for women and children in domestic disputes, clarifying the definition of economic abuse under Indian law.
The non-payment of maintenance by itself is an economic abuse, which constitutes domestic violence, according to the Kerala High Court.
It held that claims of victims of domestic violence need no independent corroboration as usually the harassment happens inside the confines of a house.
Accordingly, the court dismissed a plea challenging an order of the Judicial First Class Magistrate, Chittur, directing a man to pay ₹10,000 as maintenance to his wife and child.
The court found no reason to interfere with the Magistrate’s order, which was upheld by the District Court, Palakkad. The man challenged the order before the High Court alleging that the maintenance amount was excessive, and that his wife had been employed as a teacher in a private college. He further denied the alleged incidents of domestic violence as unbelievable, without independent corroboration.
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