Recently, Bombay HC ruled that the scope of Section 25 of the Act of 1955 cannot be constricted by not making it applicable to a decree of divorce being passed between the husband and wife.
In this case, the wife (petitioner) filed a petition under Section 13 of the Hindu Marriage Act, 1955 seeking dissolution of marriage on the ground of cruelty and desertion.
The petition was allowed and the marriage between the parties came to be dissolved.
The husband (respondent) filed a Petition claiming for a grant of permanent alimony from the wife at the rate of Rs. 15,000/- per month.
The husband claimed that to encourage the woman to complete her studies, he managed household affairs, keeping aside his own ambitions. He added that he suffered humiliation and harassment as the woman filed a plea for divorce with “malafide and dishonest intention”. He further claimed that he was without a job and did not possess any immovable property, and was also not keeping good health. The ex-husband said in court that his wife who is a teacher, earned a salary of Rs 30,000 per month and possessed valuable household articles and immovable properties.
The wife however refuted the man’s claims and said that he was running a grocery shop, owned an autorickshaw and earned income by leasing out the same. She also added that they had a daughter who is dependent on her, so the ex-husband’s of maintenance claim should be rejected.
The Nanded civil judge directed that a warrant for recovery of arrears may be issued against the wife and the amounts due and payable, be deducted from her salary and deposited before the court.
The Nanded civil judge in August 2017 held the ex-husband’s petition maintainable and ordered the woman to pay interim maintenance of Rs 3,000 per month till the permanent alimony plea is decided.
Aggrieved by the decision, the wife approached High Court.
Counsel for the wife submitted that “directing the wife to pay maintenance to the husband after the dissolution of marriage by a decree of divorce, would amount to traversity of justice and once the relationship between the husband and wife is severed by a decree of divorce, there cannot be any claim made by anyone of them against each other.”
Counsel for the respondent husband submitted that the provision contained in Section 25 of the Act of 1955 does not depend upon the outcome of the relationship subsequent to divorce since the section uses the word “at any time subsequent thereto”.
After going through above observation and sec 25 of 1955 Act, The bench of Justice Bharati Dangre stated that “The provision of maintenance / permanent alimony being a beneficial provision for the indigent spouse, the said section can be invoked by either of the spouse, where a decree of any kind governed by Sections 9 to 13 has been passed and marriage tie is broken, disrupted or adversely affected by such decree of the court. The scope of Section 25 of the Act of 1955 cannot be constricted by not making it applicable to a decree of divorce being passed between the husband and wife.”
In view of the above, The High Court dismissed the petition of the wife.
Case title: Bhagyashri v. Jagdish
