Woman asked to pay alimony to ex-husband; Bombay HC says either spouse can claim

The court said either of the spouses can claim alimony at any point of time after divorce under the Hindu Marriage Act. The couple of 23 years got divorced in 2015 and the husband moved an alimony plea in 2017.

The Bombay high court has recently asked a wife to pay alimony to her former husband and said either of the spouses can claim alimony under Section of the Hindu Marriage Act. A local court in Maharashtra's Nanded had earlier directed the woman to pay ₹3,000 to her divorced husband who is in need of money. The Bombay high court upheld the orders of the local court. The marriage ended in 2015 after 23 years and the wife is a university teacher.

Bombay high court has upheld the order of the civil court that had asked a woman to pay ₹3,000 alimony to her ex-husband. 

"The provision of maintenance/permanent alimony being a beneficial provision for the indigent (needy) spouse can be invoked by either of the spouse where a decree of any kind government by Sections 9 to 13 has been passed and marriage ties is broken, disrupted or adversely affected by such decree of the court," the high court order of Justice Bharati Dangre, passed on February 26, said, according to a LiveLaw report

The couple got married in 1992 and were divorced in 2015 after the wife approached the court alleging cruelty. The husband then filed a petition seeking alimony of ₹15,000 per month and claimed he did not have any source of income. He claimed he encouraged his wife to complete her higher studies while he managed the household. The wife claimed the husband had a grocery shop and also earns from leasing out his auto-rickshaw, while she has to take care of their daughter too.

The wife's counsel had opposed the alimony claim by saying that while the divorce was granted in 2015, the ex-husband moved for alimony in 2017. The high court said the argument is not tenable as alimony can be sought at any time.

Until the plea of permanent alimony of ₹15,000 a month is decided, the woman was asked by the Nanded civil court to pay maintenance of ₹3,000, which has been upheld by the Bombay high court.