Bombay High Court: Husband Can Claim Alimony from Wife Under Hindu Marriage Act
In a landmark decision that challenges traditional notions around alimony, the Aurangabad Bench of the Bombay High Court ruled that husbands are entitled to claim alimony or maintenance from their wives under the Hindu Marriage Act, 1955. This judgment was delivered on February 26, 2022, by Hon’ble Justice Bharati Dangre in the case of Bhagyashri vs. Jagdish (Writ Petition No. 2527 of 2021). The Court upheld a lower court’s directive instructing a wife, who is a school teacher, to pay interim maintenance to her ex-husband.
The Court’s decision reinforces that alimony is a beneficial provision meant to support a spouse without sufficient income, regardless of gender.
Case Background
The case revolved around a divorce finalized in 2015 between Bhagyashri, a school teacher, and Jagdish, her unemployed husband. After the divorce, Jagdish applied for permanent alimony under Section 25 of the Hindu Marriage Act, arguing that he had no source of income, while Bhagyashri earned a monthly salary of ₹30,000 from her job.
In the alimony petition, Jagdish claimed that he had taken care of household responsibilities and helped Bhagyashri complete her education (M.A. and B.Ed.). He alleged that her petition for divorce was filed with malafide intent and caused him mental harassment, further impacting his ability to earn a livelihood.
Bhagyashri opposed the claim by arguing that her ex-husband had other sources of income, including a grocery shop and an auto-rickshaw, and was not dependent on her. Additionally, she highlighted that their daughter was under her care and required financial support.
Despite these objections, the 2nd Joint Civil Judge of Nanded Court granted interim maintenance of ₹3,000 per month to Jagdish under Section 24 of the Act. The wife challenged both the interim maintenance order and a subsequent directive allowing recovery of arrears from her salary through her employer. However, the Bombay High Court dismissed her writ petition and upheld the lower court’s decision.
Key Legal Provisions Involved
- Section 24 – Maintenance Pendente Lite:
This section allows either spouse (husband or wife) to seek interim maintenance while proceedings for divorce or alimony are ongoing. If a spouse has no independent income to sustain themselves, the court can order the other party to provide financial assistance during the trial. - Section 25 – Permanent Alimony and Maintenance:
This provision enables either spouse to claim permanent alimony, which can be granted either at the time of the decree or after the divorce. The court considers the income, property, and conduct of both parties when determining the alimony amount.
Court’s Reasoning and Ruling
The Bombay High Court made several significant observations:
- Alimony is gender-neutral: The Court emphasized that both Sections 24 and 25 of the Hindu Marriage Act are beneficial provisions and can be invoked by either spouse—husband or wife—depending on the circumstances.
- Support for indigent spouses: It clarified that the purpose of alimony is to provide financial stability to a spouse who lacks the means to support themselves. The Court dismissed the notion that only wives are eligible for such support.
- Scope of Section 25: The phrase “at any time subsequent thereto” used in Section 25 implies that even after divorce, either spouse can seek maintenance. This interpretation ensures that the provision is not restricted to the wife alone. The Court rejected the argument that once a marriage is dissolved, alimony claims should no longer apply.
- Valid interim maintenance order: The High Court agreed with the Nanded Court’s decision to award ₹3,000 as interim maintenance to the husband, considering his inability to earn a living. The court also upheld the salary deduction order, enabling arrears to be recovered from the wife’s monthly salary.
Significance of the Judgment
This ruling is a significant step towards gender-neutral alimony laws in India. Traditionally, alimony claims have favored wives, but this judgment affirms that husbands in need are equally entitled to financial support.
The Court’s interpretation reflects a progressive shift in judicial thinking, acknowledging that both spouses should have access to legal recourse for financial assistance, irrespective of gender. This decision aligns with the evolving societal dynamics where women are also breadwinners, and men can assume caregiving roles.
Conclusion
The Bombay High Court’s verdict in Bhagyashri vs. Jagdish sets a precedent for future cases involving maintenance and alimony. It underscores that alimony is not limited by gender and serves as a safeguard for financially weaker spouses. By upholding the Nanded Court’s order, the High Court sent a clear message: financial dependence should be addressed fairly, whether it involves a husband or wife.
This judgment promotes equity and fairness in family law, reinforcing the principle that both partners share equal responsibilities during and after marriage.
