Wife asks for alimony from ex-husband; Bombay HC says each partner is entitled to | Latest News India
The Bombay High Court recently ordered a wife to pay alimony to her ex-husband, stating that either spouse can claim alimony under section of the Hindu Marriage Code. A local court in Nanded, Maharashtra, had previously asked the woman to pay €3,000 to her ex-husband who needs money. The Bombay High Court upheld the District Court’s orders. The marriage ended in 2015 after 23 years and the wife is a university teacher.
“The provision of alimony/maintenance as a beneficial accommodation to the destitute (needy) spouse may be invoked by either spouse where a governmental order of any kind has been enacted under Sections 9 through 13 and the marital ties have been broken, severed, or effected by any such Court Order Adversely Affected,” reads a Feb. 26 Supreme Court Order by Judge Bharati Dangre, according to a report by LiveLaw
The couple married in 1992 and divorced in 2015 after the woman appealed to the court for cruelty. The husband then submitted an application for maintenance €15,000 a month and claimed he had no source of income. He claimed he encouraged his wife to complete her college studies while he kept house. The woman claimed the man ran a grocery store and also made money renting his auto rickshaw while she also had to look after her daughter.
The woman’s lawyer had opposed the alimony claim, saying the ex-husband moved in 2017 while the divorce was granted in 2015. The Supreme Court said the argument was untenable because alimony could be sought at any time.
Until permanent maintenance is claimed €15,000 a month is decided, the woman has been asked to pay alimony by the civil court in Nanded €3,000 upheld by the Bombay Supreme Court.
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