The Bombay High Court has ruled that a working woman must pay monthly maintenance of ₹10,000 to her former husband, who is unable to work due to serious health problems.
The order, delivered on April 2 by Justice Sharmila Deshmukh, emphasised that the Hindu Marriage Act uses the term “spouse,” which applies equally to both husbands and wives. This means that if either partner cannot financially support themselves, the other — if earning — is legally bound to provide maintenance.
In this case, the man, suffering from medical ailments, claimed he was unable to earn a living. The family court, while granting the couple a divorce, accepted his request for monthly maintenance from his ex-wife, who works as a bank manager.
The woman challenged the March 2020 civil court order, arguing that she could not afford to pay as she was repaying a home loan and supporting their minor child. She also claimed that in 2019 she had resigned from her job and, at the time of the lower court’s order, had no income.
However, the High Court noted that she failed to explain how she managed her and her child’s expenses without a job. It also observed that she did not dispute currently having an income.
The husband opposed her plea, stating that she had not provided proof of unemployment. He maintained that due to his medical condition, he could not sustain himself financially.
Upholding the lower court’s decision, Justice Deshmukh ruled that since the husband cannot maintain himself and the wife has a source of income, she is liable to pay interim maintenance of ₹10,000 per month.
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