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Bombay High Court Orders Wife to Pay Maintenance to Unemployed Husband

In a groundbreaking verdict, the Bombay High Court has upheld a lower court’s decision directing a wife to pay a monthly maintenance of ₹10,000 to her unemployed husband. This ruling challenges the conventional legal narrative where typically, the husband is mandated to provide financial support to the wife. The High Court’s judgment was in response to the wife’s petition challenging the lower court’s order. The court referenced Section 24 of the Hindu Marriage Act, which employs the term “spouse,” encompassing both husbands and wives. Hence, either party can seek maintenance during marital dispute proceedings if they are unable to sustain themselves.

The initial order for the wife to provide financial support was issued on March 13, 2020, by a court in Kalyan. Challenging this directive, the wife approached the High Court, arguing her inability to afford the maintenance. She cited her obligations towards a home loan repayment and the upbringing of a minor child, alongside her resignation from employment, as reasons for her financial incapacity. Conversely, the husband’s lawyer questioned her ability to manage these expenses without a disclosed source of income. Source:

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