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Bombay High Court Orders Wife to Pay Maintenance to Ex-Husband

Bombay High Court Directs Wife to Pay Maintenance to Ex-Husband

In a significant ruling, the Bombay High Court has clarified the application of Section 25 of the Hindu Marriage Act, 1955, by directing a wife to pay maintenance to her ex-husband. The court highlighted that this provision is designed to support indigent spouses, regardless of the status of their relationship post-divorce.

Case Overview
The case involved a wife who sought divorce under Section 13 of the Hindu Marriage Act, citing cruelty and desertion. The court granted the divorce, dissolving the marriage. However, the ex-husband later filed a petition seeking permanent alimony of ₹15,000 per month.

The husband claimed he had supported his wife in completing her education by managing household responsibilities. He alleged that the divorce petition was filed with dishonest intentions and stated he was unemployed, in poor health, and without any immovable assets. On the other hand, he noted that his ex-wife, a teacher, earned ₹30,000 per month and owned property.

The wife disputed these claims, asserting that her ex-husband ran a grocery shop, owned an auto-rickshaw, and earned additional income by leasing it out. She also highlighted that their dependent daughter relied on her income.

Court Proceedings
In 2017, a civil judge in Nanded ruled in favor of the husband, ordering the wife to pay interim maintenance of ₹3,000 per month until the permanent alimony claim was resolved. The court also issued a recovery warrant for arrears, directing that the amount be deducted from the wife’s salary.

The wife challenged this decision in the Bombay High Court, arguing that maintenance claims should not apply after a divorce decree. Her counsel argued that once the marital relationship is legally terminated, no claims should exist between the former spouses.

The husband’s counsel countered by citing Section 25, which allows maintenance claims “at any time” after the decree.

High Court’s Decision
Justice Bharati Dangre clarified that Section 25 is a beneficial provision aimed at ensuring the welfare of an indigent spouse. The section applies to decrees under Sections 9 to 13 of the Act, regardless of the nature of the decree, including divorce.

The court emphasized that the provision cannot be restricted, as it ensures justice for the financially weaker spouse. Based on this interpretation, the Bombay High Court dismissed the wife’s petition, upholding the previous order for interim maintenance.

Conclusion
This judgment underscores the importance of Section 25 of the Hindu Marriage Act in providing financial support to a needy spouse, irrespective of gender, after the dissolution of marriage.

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