In a recent March judgment, the Bombay High Court in Aurangabad upheld a lower court’s decision from Nanded, requiring a woman who is a school teacher to pay monthly alimony to her estranged husband. The court ordered the headmaster of her school to deduct Rs 5,000 from her salary every month and deposit it with the court for unpaid maintenance since August 2017.
Justice Bharati Dangre referenced Section 25 of the Hindu Marriage Act 1955 and various Supreme Court rulings while rejecting the woman’s petition against the lower court’s order. Section 25 allows the court to order maintenance payments either as a lump sum or monthly.
The woman approached the High Court to challenge two orders by the second joint civil judge, senior division, Nanded. The first order from August 2017 required her to pay Rs 3,000 monthly alimony. The second order from December 2019 directed her headmaster to deduct Rs 5,000 from her salary each month due to unpaid maintenance since August 2017.
The woman argued that after her marriage in April 1992, she separated from her husband and received a divorce decree in January 2015. She contended that the alimony order should not stand after the divorce.
Justice Dangre, citing sections 24 and 25 of the Hindu Marriage Act, ruled: “A conjoint reading of both provisions reveals that both sections in the Hindu Marriage Act of 1955 are enabling provisions. They confer a right on the indigent spouse to claim maintenance either pendente lite (depending on the outcome of litigation) or as permanent alimony and maintenance.”
The High Court further noted: “It is open for the court to decide the husband’s application under Section 25 of the 1955 Act for monthly maintenance. Meanwhile, the interim maintenance application filed under Section 24 of the 1955 Act has been rightly entertained by the judge, entitling the husband to interim maintenance while proceedings under Section 25 are pending.”
This ruling reinforces the legal provisions for spousal support under the Hindu Marriage Act, ensuring financial fairness and support for indigent spouses.
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
