Bombay High Court Says Husband Can Claim Alimony Under Hindu Marriage Act
In a key judgment, Justice Bharati Dangre of the Bombay High Court stated that under Section 25 of the Hindu Marriage Act, 1955, both husband and wife can claim alimony if they are financially dependent and the marriage has been legally affected or ended.
Background of the Case
In this case, the husband filed a petition asking for permanent alimony of ₹15,000 per month from his wife, who is a qualified teacher (M.A., B.Ed) working at a college in Hadgaon, Maharashtra. He claimed he had no income or property, and that he supported his wife while she studied and built her career.
He further stated that he was humiliated and harassed during their marriage, and the wife falsely claimed that he had no job or assets. Based on this, he sought maintenance under Section 25 of the Act.
What the Court Said
The High Court ruled that Sections 24 and 25 of the Hindu Marriage Act give equal rights to either spouse—husband or wife—to ask for financial support during or after court proceedings like divorce, separation, or annulment.
“Section 25 is a beneficial provision meant to help a financially dependent spouse, whether husband or wife,” the court said.
It clarified that maintenance and alimony are not limited to wives alone. If the husband is financially weak and the marriage has legally ended or been disrupted, he has the right to seek support.
Conclusion
The Bombay High Court confirmed that Section 25 must be interpreted broadly to help any spouse in need. It also stated that the husband’s application for interim maintenance under Section 24 was rightly accepted, and he can receive support while the main alimony case is pending.
This judgment is an important reminder that men, too, can seek alimony when they are financially dependent and affected by a court decision.
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