In a landmark ruling, the Bombay High Court clarified that under Section 25 of the Hindu Marriage Act, 1955, either spouse—husband or wife—can claim maintenance or alimony. Justice Bharati Dangre emphasized that this provision is intended to support an indigent spouse when the marriage has been disrupted or ended due to a court decree under Sections 9 to 13 of the Act.
In this case, the respondent-husband sought permanent alimony of ₹15,000 per month from his wife. He argued that he had no source of income, while his wife, holding M.A. and B.Ed degrees, worked as a professor at Shri Datta Mahavidyalaya. The husband claimed he had supported his wife’s education by managing the household, sacrificing his own ambitions.
He further alleged that his wife harassed him and filed a petition with malicious intent, stating he was unemployed and had no assets. Based on these claims, the husband applied for maintenance under Section 25.
The High Court highlighted that both Sections 24 and 25 of the Hindu Marriage Act are designed to help financially dependent spouses. Section 24 allows for interim maintenance during legal proceedings, while Section 25 provides for permanent alimony post-decree.
The court noted that restricting the application of Section 25 to only one spouse would defeat its purpose. It affirmed that the provision is a remedial measure to protect financially vulnerable individuals, regardless of gender.
The court upheld the lower court’s decision to grant interim maintenance to the husband while the Section 25 proceedings were ongoing. This judgment broadens the interpretation of alimony provisions, ensuring equitable financial support for both spouses.
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