HC upholds lower court order directing woman teacher to pay alimony to former husband

Mumbai Mar 31 PTI The Bombay High Court has upheld orders passed by a local court in Nanded in Maharashtra directing a woman teacher to pay alimony to her indigent former husbandIn an order passed on February 26 this year Justice Bharati Dangre of the Aurangabad bench of the high court upheld the orders passed by the local court in 2017 and 2019The civil court had directed that the woman pay an interim monthly maintenance of Rs 3000 to her ex-husband and asked the headmaster of her school to deduct Rs 5000 from her salary every month and deposit the same with the court towards unpaid maintenance since August 2017 The woman contested the lower court orders arguing that she had divorced her husband in 2015The man had approached the local court seeking permanent alimony two years laterThe womans lawyer argued that once a marriage had ended neither party had a right to claim any maintenance or alimonyThe mans counsel however argued that section 25 of the Hindu Marriage Act did not provide for any restriction on claim of maintenance or alimony in this wayThe man claimed that he had no source of income and he suffered from some health issues that had rendered him unfit for workingTh woman had completed her education and become a teacher after their marriage he saidIn order to encourage the wife petitioner woman to obtain the degree he had managed the household affairs keeping aside his own ambition his plea saidJustice Dangre said sections 24 and 25 of the Hindu Marriage Act confer a right on the indigent spouse to claim maintenance and upheld the lower courts order PTI AYA KRK KRK

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April 1, 2022

National

2 min

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Mumbai Mar 31 PTI The Bombay High Court has upheld orders passed by a local court in Nanded in Maharashtra directing a woman teacher to pay alimony to her indigent former husbandIn an order passed on February 26 this year Justice Bharati Dangre of the Aurangabad bench of the high court upheld the orders passed by the local court in 2017 and 2019The civil court had directed that the woman pay an interim monthly maintenance of Rs 3000 to her ex-husband and asked the headmaster of her school to deduct Rs 5000 from her salary every month and deposit the same with the court towards unpaid maintenance since August 2017 The woman contested the lower court orders arguing that she had divorced her husband in 2015The man had approached the local court seeking permanent alimony two years laterThe womans lawyer argued that once a marriage had ended neither party had a right to claim any maintenance or alimonyThe mans counsel however argued that section 25 of the Hindu Marriage Act did not provide for any restriction on claim of maintenance or alimony in this wayThe man claimed that he had no source of income and he suffered from some health issues that had rendered him unfit for workingTh woman had completed her education and become a teacher after their marriage he saidIn order to encourage the wife petitioner woman to obtain the degree he had managed the household affairs keeping aside his own ambition his plea saidJustice Dangre said sections 24 and 25 of the Hindu Marriage Act confer a right on the indigent spouse to claim maintenance and upheld the lower courts order PTI AYA KRK KRK

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