Bombay High Court Tells Woman to Pay Alimony to Ex-Husband
In March 2024, the Bombay High Court (Aurangabad bench) confirmed a lower court’s order that told a woman school teacher to pay monthly maintenance of ₹3,000 to her ex-husband. The court also directed her school headmaster to deduct ₹5,000 per month from her salary to cover unpaid alimony since August 2017.
Justice Bharati Dangre referred to Section 25 of the Hindu Marriage Act, 1955, and previous Supreme Court judgments, while rejecting the woman’s petition against the order from the Nanded court.
The woman had challenged two orders:
- One in August 2017, directing her to pay ₹3,000 per month as interim maintenance.
- Another in December 2019, instructing the school headmaster to deduct ₹5,000 monthly from her salary due to unpaid dues.
The woman argued that she had divorced her husband in January 2015 after marrying in April 1992, and that the order for alimony came later, so it shouldn’t be valid.
However, Justice Dangre clarified that under Sections 24 and 25 of the Hindu Marriage Act, both interim and permanent alimony can be granted to a financially weaker spouse. These sections are enabling provisions, meaning they allow the court to support a spouse in need—whether during or after divorce proceedings.
The High Court said the lower court rightly granted interim maintenance to the ex-husband under Section 24, while the permanent alimony claim under Section 25 was still being considered.
This case stands out as an example of gender-neutral alimony, where a woman is directed to support her ex-husband, depending on his financial needs and her earning capacity.
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