Aurangabad: The Bombay High Court Justice Bharti Dangre upheld the order of the Nanded Civil Court. The Nanded court had issued a female school teacher to pay the permanent alimony and subsistence expenses to her husband. The couple was married in 1992.
The wife filed for divorce from her husband at the Civil Court, Nanded and the divorce was granted by the Court in 2015. After the divorce, the husband filed an application under sections 24 and 25 of the Hindu Marriage Act, 1955, seeking permanent alimony and subsistence expenses from his wife. In this application, the husband stated that he has no means of subsistence. The wife is working in a government job and has a good salary. The petition stated that the husband has a great contribution to the success of his wife.
Considering the petition filed by the husband, the Civil Court, Nanded had ordered the wife to pay alimony to the husband. The wife filed a petition in the High Court against the order of the Civil Court. It was argued in the High Court that since the divorce, the husband and wife ended their relationship, so permanent alimony and subsistence expenses could not be levied under section 25 of the Hindu Marriage Act, 1955.
On the contrary, Adv. Rajesh Mewara argued that under Section 25 of the Hindu Marriage Act, 1955, a spouse can file an application for permanent alimony and subsistence expenses. Therefore, the order issued by the Civil Court should be upheld as it is appropriate.
The High Court, in view of the above arguments, documents, and earlier judgments of the Supreme Court, upheld the order of the Civil Court to grant permanent alimony and subsistence expenses to the husband after divorce and dismissed the petition filed by the wife.
