Bombay High Court Orders Working Woman to Pay Maintenance to Ailing Ex-Husband

In a recent ruling, the High Court of Bombay has directed a working woman to provide monthly maintenance of Rs 10,000 to her former husband, who is unable to earn a livelihood due to his medical ailments. The decision underscores the principle of spousal support enshrined in the Hindu Marriage Act, which extends to both husbands and wives.

Justice Sharmila Deshmukh, presiding over a single bench, emphasized that the term “spouse” in Section 24 of the Hindu Marriage Act encompasses both partners in a marriage, irrespective of gender. Citing the husband’s medical condition, which prevents him from sustaining himself financially, the court ruled that the wife, who is gainfully employed, is obligated to provide interim maintenance.

The case originated from a civil court’s March 2020 order, which mandated the woman to pay monthly maintenance to her ex-husband following their divorce. Despite the woman’s plea challenging the ruling, citing financial constraints due to existing liabilities and unemployment at the time of the lower court’s decision, the Bombay High Court upheld the maintenance order.

Highlighting the necessity for transparency regarding financial circumstances, the court observed that the woman failed to provide evidence supporting her claim of unemployment. Moreover, her resignation from the job in 2019 did not absolve her of the responsibility to disclose her current financial situation, especially since she did not dispute her employment status during the proceedings.

The judgment reaffirms the legal principle that spousal support obligations persist even after divorce, particularly when one partner faces financial hardship due to health-related impediments. By emphasizing the equitable distribution of financial responsibility between former spouses, the Bombay High Court’s decision underscores the commitment to uphold the welfare and dignity of individuals affected by marital dissolution and medical adversity.

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