Recently, the Bombay High Court ruled that the scope of section 25 of the 1955 Act cannot be limited by not applying to a decree of divorce passed between husband and wife.
A bench of Justice Bharati Dangre said that "Section 25 should be seen as a provision for destitute wife/husband so that the provisions are comprehensively understood so as to save the remedial provisions."
In this case the wife (petitioner) filed a petition under Section 13 of the Hindu Marriage Act, 1955 seeking to dissolve the marriage on the ground of cruelty and abandonment.
The petition was allowed and the marriage between the parties was dissolved. The husband (respondent) filed a petition claiming permanent maintenance from the wife at the rate of Rs.15,000/- per month.
The learned judge directed that a warrant be issued against the wife for recovery of the arrears and ordered that the amount due be deducted from her salary and deposited before the court.
The wife is aggrieved by the order passed by the 2nd Joint Civil Judge, Senior Division, Nanded.
Mr. Tombrey, the wife's counsel submitted that directing the wife to pay maintenance to the husband after the dissolution of the marriage by a decree of divorce, would amount to a breach of justice and that the relationship between the husband and the wife once had been severed by the decree. In case of divorce, no claim can be made by either of them against each other.
Mr. Mevana, counsel for the respondent submitted that the provision contained in section 25 of the 1955 Act does not depend on the outcome of the post-divorce relationship as the section uses the word "at any time thereafter".
The issue of consideration before the bench was:
Whether maintenance can be provided to the husband or not?
The High Court, after perusing section 24 and section 25 of the 1955 Act, found that both the sections are enabling provisions and confer on the poor spouse the right to claim either a pendant light or permanent alimony and maintenance in the nature of maintenance. does.
The bench observed that “the provision of maintenance/permanent alimony being a beneficial provision to the indigent spouse, the said section may be invoked by either of the spouses, where by sections 9 to 13 A decree of any kind has been passed and such decree of the marriage court breaks the tie, is disrupted or is adversely affected. The scope of section 25 of the 1955 Act cannot be limited by not applying to a decree of divorce passed between husband and wife.
In view of the above, the High Court dismissed the petition.