The Bombay High Court has ruled that under Section 25 of the Hindu Marriage Act, 1955, an ex-husband can claim maintenance from his ex-wife, if he is financially dependent, even after divorce. The court clarified that the law does not limit this right only to women.
In this case, the wife filed for divorce under Section 13 of the Act on the grounds of cruelty and desertion. The court granted the divorce and dissolved the marriage.
Later, the ex-husband filed a plea asking for permanent alimony of ₹15,000 per month. He claimed that he had sacrificed his own goals to support his wife’s education, managed household duties, and suffered mental harassment. He further stated that he had no job, no property, and poor health, while his ex-wife, a teacher, earned ₹30,000 monthly and owned valuable property and assets.
The wife denied these claims, saying her ex-husband earned income from a grocery shop and an autorickshaw. She also argued that she had to take care of their dependent daughter, and therefore, should not be made to pay him maintenance.
The civil court in Nanded found the husband’s request valid and, in August 2017, ordered the wife to pay interim maintenance of ₹3,000 per month. The judge also allowed the recovery of arrears from her salary to be deposited in court.
Unhappy with this order, the wife moved to the Bombay High Court, arguing that once a marriage ends in divorce, neither party should be responsible for the other’s financial needs.
However, the husband’s lawyer pointed out that Section 25 allows for maintenance “at any time” after divorce, meaning the ex-husband can still claim support.
Justice Bharati Dangre, after reviewing the case, stated that Section 25 is a beneficial provision meant to help any indigent (needy) spouse, regardless of gender. She emphasized that the section can be used by either spouse after any decree under Sections 9 to 13, including divorce.
Based on this, the High Court dismissed the wife’s petition, allowing the husband to continue receiving maintenance.
Case Title: Bhagyashri v. Jagdish
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