Mumbai: The Bombay High Court has directed a working woman to pay Rs 10,000 per month as maintenance to her former husband who is unable to earn due to his ailments. The court noted that the provisions of the Hindu Marriage Act uses the term 'spouse' and this would include both husband and wife.
“The provisions of Section 24 of the Hindu Marriage Act uses the term 'spouse' and this would include the husband or the wife who is unable to maintain himself/herself,” Justice Sharmila Deshmukh said on April 2.
The judge also took note of the fact that the woman has not disputed the fact that her former husband was not in a position to earn a living due to his medical ailments. “As the husband is unable to maintain himself, the wife who has a source of income, is liable to pay interim maintenance,” the judge said.
HC Dismisses Woman's Plea Challenging Family Court's Order
The HC dismissed the woman’s petition challenging the order of the family court passed in March 2020, directing her to pay monthly maintenance of Rs10,000 to her former husband. The family court granted divorce to the couple and allowed the man’s application seeking maintenance. He had claimed that due to certain medical ailments, he was unable to work and hence he was entitled to maintenance from his ex-wife who was employed as a bank manager.
The woman challenged the order before the HC contending that she had resigned from her job in 2019 at the time when the family court passed its order, and hence had no source of income. She had also claimed that she has the liability of repayment of a home loan as well as maintenance of their minor child.
The HC noted that, in such a case, it was necessary for the woman to have disclosed how she was taking care of the expenses, without a job. Also, at present, the woman has not disputed that she is earning.
Opposing her plea, the man said that the woman had not submitted any documentary evidence to show that she was without a job. He claimed that due to medical ailments he was not in a position to earn and sustain himself.
