The Bombay High Court has directed a working woman to pay ₹10,000 per month in maintenance to her former husband, who is unable to work due to medical conditions. Justice Sharmila Deshmukh, in her April 2 ruling, emphasized that under the Hindu Marriage Act, the term “spouse” applies to both men and women, making either partner responsible for maintenance if the other is financially dependent.
The woman did not contest that her ex-husband is unable to work due to his health issues. Therefore, the court upheld the lower court’s decision, stating that since the husband cannot support himself, the wife, who has an income, is obligated to provide interim maintenance. This judgment came after the woman challenged a March 2020 civil court ruling ordering her to pay ₹10,000 per month to her former husband.
During their divorce proceedings, the family court had granted the husband’s request for maintenance, as he claimed that his medical issues prevented him from working. His wife, employed as a bank manager, was deemed financially responsible to support him.
In her appeal, the woman argued that she couldn’t afford the maintenance payments because of her financial obligations, including a home loan and the care of their minor child. She also stated that she had resigned from her job in 2019 and had no income at the time the lower court made its ruling.
However, the high court observed that the woman failed to provide evidence of how she was managing her own and her child’s expenses without a job. The court also noted that the woman had not disputed her current employment status. Her ex-husband opposed her plea, reiterating that his health prevented him from earning a living.
Ultimately, the Bombay High Court rejected the woman’s petition and upheld the original order, requiring her to continue paying maintenance to her ill, unemployed husband.
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