Bombay High Court Orders Wife to Pay Maintenance to Ex-Husband
The Bombay High Court recently ruled that under Section 25 of the Hindu Marriage Act, 1955, a wife can be required to pay maintenance to her ex-husband, even after a decree of divorce. This decision emphasizes that the provision for maintenance is applicable regardless of the divorce decree.
In this case, the wife filed for divorce on grounds of cruelty and desertion, which was granted, dissolving the marriage. Subsequently, the ex-husband filed a petition seeking permanent alimony of Rs. 15,000 per month, claiming he managed household affairs to support his wife’s education, faced humiliation due to the divorce petition, was jobless, and had no immovable property.
The ex-husband argued that his wife, a teacher earning Rs. 30,000 per month, possessed valuable assets, whereas he was in poor health and unemployed. The wife countered by claiming he ran a grocery shop, owned an auto-rickshaw, and earned rental income. She also cited their dependent daughter as a reason to reject his maintenance claim.
In August 2017, the Nanded civil judge ruled in favor of the ex-husband, ordering the wife to pay interim maintenance of Rs. 3,000 per month until the permanent alimony decision was made. The wife challenged this decision in the High Court.
Her counsel argued that directing a wife to pay maintenance after divorce contradicts justice, as post-divorce claims should not exist. However, the respondent’s counsel emphasized that Section 25 allows for maintenance claims at any time after the divorce.
Justice Bharati Dangre affirmed that Section 25 is a beneficial provision for the indigent spouse and can be invoked by either spouse after a decree affecting the marriage is passed. The judge ruled that the scope of Section 25 cannot be limited by a divorce decree.
Consequently, the High Court dismissed the wife’s petition, upholding the interim maintenance order.
Case Title: S K Rai vs. State of Bihar
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