The Bombay High Court in its recent order directed Mumbai Police Commissioner Hemant Nagrale to clear his maintenance arrears to his estranged wife.
On November 15, a division bench of Justice A A Sayed and Justice S G Dige passed an order on an application filed by Pratima Rani Hemant Nagrale in a family court, seeking enhancement of maintenance.
Case:
In her application filed in 2019, Pratima had sought an increase in maintenance granted by the family court in 2011. She stated that her husband’s salary had increased and the maintenance should increase from Rs 20,000 to Rs 1.5 lakh due to inflation and increase in cost of living.
She had said that apart from salary, Nagrale had other sources of income including shares and rent from immovable properties and therefore could bear the increase in maintenance amount.
Arguments
Advocate P V Nelson Rajan for the applicant said that the maintenance amount has not been paid by Nagrale for the past four months.
Advocate Samran Fatima for the respondent husband sought time to file an affidavit in reply to the application, which the court granted.
Bombay High Court
The bench posted the matter for further hearing on December 6 and noted,
It is expected of the Respondent husband to clear the arrears of maintenance by the next date.
MDO Take:
- Maintenance laws in India are extremely biased in favour of women
- Parties have been separated since over a decade, as family court granted interim maintenance in 2011
- There is no exit whatsoever for men in a dead marriage
- While MDO refrains from taking sides, we strongly oppose the practice of lifelong maintenance to women, even when the bond of marriage is dead and irretrievable
- Government must bring in no-fault divorce and depending on the duration in marriage, kids, etc. one time money should be paid to women, who would have left their career to build a home
- Currently, the maintenance laws are totally lopsided and irrespective of duration in marriage – the husband must pay for life, if the woman chooses not to divorce
- In such a scenario, in most cases, income of the husband will definitely see a rise over the years, however, why should a woman who has no contribution after separation be beneficiary to the current lifestyle of the man?
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