Bombay High Court Orders Woman to Pay Maintenance to Unemployed, Ill Ex-Husband
The Bombay High Court has ruled that a working woman must provide monthly maintenance of ₹10,000 to her former husband, who is unable to earn due to health issues.
Court’s Interpretation of the Hindu Marriage Act
A single bench led by Justice Sharmila Deshmukh, in an order issued on April 2, emphasized that Section 24 of the Hindu Marriage Act uses the term “spouse,” which applies to both husbands and wives. The court clarified that financial support is not limited to wives but extends to any spouse who cannot sustain themselves.
“The term ‘spouse’ in the Hindu Marriage Act includes both husband and wife. If a husband is unable to maintain himself, the wife with a source of income is liable to pay interim maintenance,” the court stated.
Background of the Case
The case involved a divorced couple, where the husband, suffering from medical ailments, sought financial support from his ex-wife. A family court in March 2020 granted the husband’s request and ordered the woman to pay ₹10,000 per month as maintenance.
The woman, who worked as a bank manager, challenged this order in the Bombay High Court, claiming she was financially unable to pay maintenance. She cited her home loan obligations and the responsibility of raising their minor child as reasons. She also argued that she had resigned from her job in 2019 and had no steady income when the lower court made its decision.
High Court’s Observations
The High Court dismissed her petition, stating that if she was unemployed at the time, she should have explained how she managed her own and her child’s expenses. The court noted that she did not dispute the fact that she is currently earning.
Her ex-husband opposed her plea, arguing that she failed to provide documentary proof of unemployment. He maintained that due to his health conditions, he could not work or support himself, making him eligible for financial assistance from his ex-wife.
Final Judgment
After reviewing the case, the High Court upheld the family court’s decision, reaffirming that financial responsibility in a marriage is not gender-based. Since the woman has a steady income while the man is unable to work, she must pay the ordered maintenance.
This ruling reinforces the principle that spousal maintenance applies to both genders, ensuring fair financial support based on individual circumstances.
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