Either Of The Spouse Can Claim Alimony Under Sec 25 HMA: Bombay High Court

In a rare instance, the Bombay High Court bench in Aurangabad upheld a couple of orders passed by a local court situated in Nanded. The order directed the wife, who was a school teacher, to pay Rs. 3,000 as interim maintenance to her divorced husband and also directed the school headmaster to deduct Rs. 5,000 from her salary every month and deposit the same with the Bombay High Court towards unpaid maintenance since August 2017.

While rejecting the wife’s petition against the lower court’s order, Justice Bharati Dangre cited Sections 24 and 25 of the Hindu Marriage Act, 1955 along with Supreme Court rulings. The wife’s contention was that since their marriage of nearly 23 years has ended with a divorce decree in 2013, the husband cannot ask for monthly maintenance.
Section 25 of the Act states that a court may order the respondent to pay the applicant interim or permanent alimony in the form of a lump sum, monthly or on a regular basis, where a decree of restitution of conjugal rights or divorce has been passed.

Facts of the case:

The couple got married in the year 1992. They were divorced after the wife approached the court alleging cruelty in 2015. After which the husband filed a petition seeking perpetual alimony of Rs. 15,000 per month from the wife.

The husband claimed that he did not have any source of income. He also said that he possesses no immovable property whereas his wife is currently employed at a University. On the other hand, the wife claimed that the husband was running a grocery shop. He also possesses an auto-rickshaw and earns income by leasing out the same. Also, she has a responsibility to take care of their daughter.

The civil judge however held that the husband’s petition is maintainable and ordered the wife to pay maintenance of Rs. 3,000 till the permanent alimony plea is decided. The bench as well said that the civil judge had rightly decided the plea of interim maintenance.

Blog By: Shimona Singh Kulhara

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