The wife will have to pay alimony to the husband: Bombay High Court.
New Delhi : The Bombay High Court has upheld the order of a local court in Maharashtra’s Nanded directing a female teacher to pay maintenance to her “poor” ex-husband.
An order passed on 26 February 2022, upheld the decision given by the Aurangabad Bench of the High Court. The court had directed the woman to pay interim monthly maintenance of Rs 3,000 to her ex-husband, and also asked the headmaster of her school to deduct Rs 5,000 from his salary every month and unpaid maintenance from August. asked to submit to the court,
The woman was opposing the orders of the lower court on the ground that she had divorced her husband in 2015, The wedding took place on 17 April 1992. The wife later filed a petition in the court seeking to dissolve the marriage on grounds of cruelty and abandonment, and in 2015, the Nanded court granted the divorce.
The woman, opposing the orders of the trial court, argued that she had divorced her husband in 2015. After two years, the woman’s husband had approached the local court seeking permanent maintenance on the ground that he had no means of earning and was suffering from ailments.
The argument of the woman’s counsel – Once the marriage is consummated, neither party has the right to claim any maintenance or alimony. The argument of the husband’s counsel – Section 25 of the Hindu Marriage Act does not prohibit such claims of maintenance or maintenance. alimony if one party does not have any means of subsistence,
The husband had claimed that he had no source of income and was suffering from some health problems which made him unfit to work.
The husband told that the woman has completed her education and had become a teacher after marriage. The husband said that he encouraged the wife to get the degree and she managed the domestic affairs of the wife, bypassing his ambition.
Justice Dangre observed that Sections 24 and 25 of the Hindu Marriage Act 1955 confer the right on the poor spouse to claim maintenance and upheld the order of the trial court.
Source : NDTV.COM