In a recent judgement, Justice Bharati Dangre of the Bombay High Court ruled that husbands are entitled to claim alimony under Section 25 of the Hindu Marriage Act, 1955. This provision allows either spouse to seek maintenance or permanent alimony when a marriage is disrupted or dissolved by a court decree.
In this case, the respondent-husband filed a petition under Section 25, requesting alimony of Rs 15,000 per month from his wife. The husband claimed he had no source of income while his wife, who holds M.A. and B.Ed degrees, worked as a Professor at Shri Datta Mahavidyalaya in Talni, Taluka Hadgaon.
The husband stated that he supported his wife in obtaining her degrees by managing the household and putting aside his own ambitions. He also alleged that his wife humiliated and harassed him, and that she falsely claimed he was unemployed and had no assets or income.
The High Court emphasized that Sections 24 and 25 of the Hindu Marriage Act are designed to benefit indigent spouses, allowing them to claim maintenance either during the legal proceedings (pendente lite) or as permanent alimony. The court noted that Section 25 should be interpreted broadly to assist spouses in need, whether the decree involves divorce or other matrimonial issues.
The court remarked, “The scope of Section 25 of the Act of 1955 cannot be limited to exclude divorce decrees between husband and wife. Since Section 25 aims to support destitute spouses, it should be applied widely to provide necessary relief.”
The application for interim maintenance under Section 24 was appropriately considered by the lower court, which granted the husband interim maintenance while the Section 25 proceedings were pending. This ruling reinforces the rights of indigent spouses, regardless of gender, to seek financial support under the Hindu Marriage Act, 1955.
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