Case Overview
In a landmark ruling, the Bombay High Court in Aurangabad upheld a lower court’s decision requiring a woman, who works as a school teacher, to pay her estranged husband interim alimony. The court ordered her to pay ₹3,000 per month and directed her school’s headmaster to deduct ₹5,000 from her salary each month towards unpaid maintenance since August 2017.
Legal Background
Justice Bharati Dangre referenced Section 25 of the Hindu Marriage Act, 1955, which allows a court to order either spouse to provide financial support to the other. The judge also cited past Supreme Court rulings, reaffirming that these provisions enable financially weaker spouses to seek maintenance, whether as interim relief during ongoing litigation or as permanent support post-divorce.
Woman’s Petition and Court’s Response
The woman had contested two prior orders issued by the Nanded court. The first, in August 2017, directed her to pay ₹3,000 per month in alimony. The second, in December 2019, instructed her employer to deduct ₹5,000 monthly from her salary due to non-payment of the interim alimony. She argued that, since she divorced her husband in 2015, the alimony orders should not apply.
Justice Dangre dismissed her petition, clarifying that Sections 24 and 25 of the Hindu Marriage Act are designed to protect financially dependent spouses. The court ruled that interim alimony under Section 24 could be granted even while final maintenance proceedings under Section 25 are ongoing.
Court’s Observations
The High Court emphasized that both sections serve as “enabling provisions” to ensure a spouse in need receives financial support. The judge concluded that the lower court had rightly awarded interim alimony to the husband while the final decision under Section 25 was pending.
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