Matrimonial disputes have no age. Its a myth if people believe divorces don’t happen amongst elderly couples in Indian society. In a recent case reported from Pune, Maharashtra, the Court has ordered a Wife to pay interim maintenance to her Husband, after the man alleged Domestic Abuse.
The divorce was filed by the Husband, after the couple completed 55-years of being married.
83-year-old petitioner, Sharad (name changed), is seeking divorce and maintenance from his 78-year-old wife Meena (respondent – name changed).
Sharad and Meena got married in 1964 and have two married daughters. Husband filed for divorce in 2019.
While Sharad is a director of an educational institution, his wife is the president of the organization.
Husband Files For Divorce
According to the Husband, he has been repeatedly harassed by his Wife for the past several years for leaving the institution and leaving home.
Sharad expressed that he took care of his Wife when she was seriously ill. However, after she got cured completely, he has allegedly been at the receiving end of his wife’s harassment.
Sharad suffers from diabetes and heart disease. He needs to take food and medicine on time. However, he was not allowed to eat at home. His petition claimed that he had to face such torture despite his medical condition.
Fed up with his wife’s harassment, Sharad finally filed for divorce after 55-years of being married.
Both husband and wife have also accused each other of having an extramarital affair.
Judge Raghavendra Aradhye of the Family Court heard the matter in detail and has ordered the Wife to pay Rs 25,000 per month as interim maintenance to her Husband.
Advocate Vaishali Chandne, who represented the Husband told Punekar News,
This is the first case in the state where a Wife has been ordered to pay such amount of maintenance to the Husband.
If the husband has no source of income and his wife is earning and there are ongoing family disputes between them, then the husband can also file a claim for maintenance under Section 24 of the Hindu Marriage Act, 1955. This case proves that not only the Wife, but Husbands can also seek justice.
- Interim Maintenance under Section 24 of the Hindu Marriage Act is Gender Neutral, where whichever spouse earns more, is liable to pay the other until the proceedings are concluded
- However, there are several other sections namely, Section 125 CrPC, Domestic Violence Act, Hindu Marriage & Adoptions Act (HAMA), which are not Gender Neutral, and it the liability of only and only the Husband to provide maintenance to his estrange wife, until the pendency of the proceedings, or until she remarries
- India still does not recognise Domestic Abuse or Domestic Violence on Men as a law
- The only recourse Men have from abusive wives, is to file a civil case of divorce, alleging Mental Cruelty
- It takes several years, often decades, to prove Mental Cruelty by wives within a home
- Even, after Cruelty by Wives is proven, Men are ordered to pay permanent alimony to “cruel” wives
Domestic Abuse Of Men | Pune Court Orders 78-Year-Old Wife To Pay Interim Maintenance To Her 83-Year-Old Husband
▪️Husband filed for divorce after 55YRS of being married
▪️Alleged, despite being diabetic & heart patient, was not allowed to eat on timehttps://t.co/5npG0uzzg2
— Voice For Men India (@voiceformenind) June 27, 2022
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