Bombay High Court Orders Woman to Pay Maintenance to Unemployed, Ill Ex-Husband
The Bombay High Court has directed a working woman to pay Rs 10,000 monthly maintenance to her former husband, who is unable to earn due to his medical conditions. This decision was made by a single bench of Justice Sharmila Deshmukh on April 2, highlighting the inclusive language in the Hindu Marriage Act that refers to “spouse,” encompassing both husband and wife.
Court’s Ruling
Justice Deshmukh emphasized that Section 24 of the Hindu Marriage Act uses the term “spouse,” which includes either husband or wife who cannot maintain themselves. The court noted that the woman did not dispute her ex-husband’s inability to work due to his ailments. Consequently, the court ruled that since the husband cannot support himself, the wife, who has an income, is liable to pay interim maintenance.
Background of the Case
The woman had challenged a March 2020 civil court order that required her to pay Rs 10,000 per month to her ex-husband. The family court, during the divorce proceedings, had approved the man’s application for monthly maintenance, citing his inability to work due to medical issues. The ex-husband claimed entitlement to maintenance as he was unemployed and his ex-wife was employed as a bank manager.
Woman’s Financial Claims
In her plea, the woman argued that she was not financially capable of paying maintenance, citing a home loan and the responsibility of caring for their minor child. She also stated that she had resigned from her job in 2019 and had no source of income at the time the lower court’s order was passed.
Court’s Response
The high court pointed out that if the woman had no job, she needed to explain how she managed her expenses and those of her child. Justice Deshmukh noted that the woman did not dispute her current employment status.
Man’s Opposition
The ex-husband opposed the woman’s plea, asserting that she had not provided any documentary evidence to prove she was jobless. He reiterated his inability to work due to medical conditions, justifying his need for financial support.
Conclusion
The Bombay High Court’s decision reinforces that the term “spouse” in the Hindu Marriage Act applies equally to both genders. This ruling ensures that spouses who are unable to support themselves due to health issues are entitled to maintenance from their earning ex-partners.
