In a significant ruling, the Bombay High Court recently clarified that under Section 25 of the Hindu Marriage Act, 1955, an ex-husband can claim maintenance from his former wife, even after their divorce has been finalized.
The case began when the wife filed a petition under Section 13 of the Hindu Marriage Act, seeking a divorce on the grounds of cruelty and desertion. The court granted her request, and the marriage was dissolved.
Following the divorce, the husband filed a petition requesting permanent alimony of ₹15,000 per month from his ex-wife. He argued that he had supported his wife’s education by managing household responsibilities, which had limited his own career opportunities. He further claimed that he was unemployed, in poor health, and did not own any property. In contrast, he noted that his ex-wife, a teacher, earned ₹30,000 per month and owned valuable assets.
The wife contested these claims, arguing that her ex-husband ran a grocery shop, owned an autorickshaw, and earned income from leasing it. She also highlighted that she was responsible for their daughter, who was dependent on her, and therefore, his maintenance claim should be rejected.
In August 2017, the Nanded civil judge found the ex-husband’s petition valid and ordered the wife to pay interim maintenance of ₹3,000 per month until the permanent alimony decision was made. Additionally, the court directed that any arrears be deducted from the wife’s salary.
Unhappy with this decision, the wife appealed to the Bombay High Court. Her counsel argued that requiring a wife to pay maintenance to her ex-husband after a divorce was unjust, as the marital relationship had ended with the divorce decree, and no further claims should be allowed.
However, the respondent’s counsel emphasized that Section 25 of the Hindu Marriage Act permits maintenance claims “at any time” after the divorce, meaning the outcome of the marital relationship does not impact the right to claim maintenance.
Justice Bharati Dangre, who presided over the case, upheld the lower court’s decision, stating that Section 25 of the Act is a beneficial provision designed to support the indigent spouse, regardless of the nature of the decree that ended the marriage. The court concluded that the scope of Section 25 cannot be limited by excluding its application to divorce decrees.
As a result, the Bombay High Court dismissed the wife’s petition, reinforcing that both spouses can claim maintenance after divorce if they meet the criteria.
Case Title: Bhagyashri v. Jagdish
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