Husband Cannot Use Insolvency Proceedings to Evade Maintenance: Bombay High Court
The Bombay High Court has clarified an important legal principle: a husband cannot take shelter under insolvency law to avoid paying court-ordered maintenance to his wife . The ruling strongly reinforces that maintenance is not a commercial debt but a personal and statutory obligation that continues irrespective of bankruptcy. Background of the Case A single-judge bench of Justice Jitendra Jain delivered the ruling while dismissing an insolvency petition filed by Mehul Jagdish Trivedi, a Mumbai-based dance teacher. The petitioner had been ordered by a family court in May 2021 to pay monthly maintenance of ₹25,000 to his wife. Claiming an income of ₹15,000 per month, he argued that he was unable to pay the arrears, which had accumulated to ₹22.3 lakh. To escape liability, he sought to be declared insolvent under the Presidency-Towns Insolvency Act, 1909 . Court’s Key Findings 1. Maintenance Is Not a “Debt” Under Insolvency Law Justice Jain held that maintenance obligations: ...