Bombay High Court Orders Woman to Pay Maintenance to Ill, Unemployed Ex-Husband
The Bombay High Court has ordered a working woman to pay Rs 10,000 monthly maintenance to her former husband, who is unable to work due to medical issues. This decision was made by Justice Sharmila Deshmukh on April 2, who highlighted that the Hindu Marriage Act’s term ‘spouse’ encompasses both husband and wife.
The court stated, “The provisions of Section 24 of the Hindu Marriage Act use the term ‘spouse,’ which includes the husband or the wife who is unable to maintain themselves.” The court noted that the woman did not dispute her ex-husband’s inability to earn due to his health conditions. “Since the husband is unable to maintain himself, the wife, who has a source of income, is liable to pay interim maintenance,” the court ruled.
This judgment came after the woman challenged a March 2020 order from a civil court that directed her to pay the monthly maintenance. The family court had granted the man’s request for maintenance during the divorce proceedings, considering his inability to work due to medical ailments. The man, formerly employed as a bank manager, claimed that his health issues prevented him from earning a living.
In her appeal to the High Court, the woman argued that she could not afford the maintenance payments due to her financial obligations, including a home loan and the care of their minor child. She also claimed that she had resigned from her job in 2019 and had no income when the lower court made its decision.
However, the High Court noted that the woman failed to explain how she was managing her and her child’s expenses without a job. Justice Deshmukh observed that the woman had not disputed her current employment status.
The man opposed her plea, pointing out that she had not provided any evidence of being jobless. He maintained that his medical conditions rendered him unable to work or support himself.
This ruling underscores the inclusive interpretation of the term ‘spouse’ in the Hindu Marriage Act, ensuring that both husbands and wives can seek maintenance if unable to support themselves. The High Court’s decision highlights the importance of equitable financial support in marital disputes, regardless of gender.
