Bhopal, Feb 23: In a significant development, the family court in Indore has ordered a woman, who owns a beauty parlour, to pay Rs 5,000 per month as alimony to her unemployed husband. It is pertinent to mention that this verdict came under Hindu Marriage Act 1955 in which both men and women can claim maintenance and alimony. This significant decision has grabbed headlines as it is much different from the usual practice where husbands are typically ordered to provide maintenance to their wives.
What is the case?
The case revolves around Aman Kumar, 23, a resident of Ujjain, and Nandini, 22, a graduate, who was running a beauty parlor in Indore and got married in 2022. In 2020, Nandini proposed to a man named Aman but he was still pursuing his studies after completing 12th grade. While initially declining the proposal, he stated he would marry only after completing his education.
Nandini started to threaten Aman with suicide if he did not agree to marry her. Eventually, they tied the knot at an Arya Samaj Temple in July 2021, despite Aman's reluctance. After their marriage, the couple settled in Indore but their relationship quickly soured. Aman accused Nandini and her family of mental and physical torture and stopped him from continuing his studies. This prompted him to leave his home and return to his parents’ house in September 2021, just two months after the marriage. The two have been living apart since then.
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In response, Aman filed a plea before the family court for divorce and maintenance. His lawyer, Manish Jharola, argued that Aman's decision to marry was coerced and that he was forced into a marital situation against his will. During the proceedings, it was revealed that Nandini initially claimed to be running a beauty parlor. However, she later stated to the court that she was unemployed, shifting the financial burden onto her husband.
The court, considering the evidence presented and the circumstances of the case, ordered Nandini to pay Rs. 5,000 per month as maintenance to her husband, along with bearing the legal expenses citing the Hindu Marriage Act 1955.
In 2020, a public interest litigation was filed in the Supreme Court seeking gender and religion-neutral uniform provisions for maintenance and alimony and has sought a response from the Central government.