Bombay High Court Says No to Increase in Maintenance

In a significant ruling, the Bombay High Court has held that a divorced wife is entitled to receive maintenance from her deceased husband’s property even after his death. However, the court clarified that she cannot seek an increase in the maintenance amount citing rising living or medical expenses. The bench comprising Justice Bharati Dangre and Justice Manjusha Deshpande stated that enhancement of maintenance is justified only when the husband is alive and his assets grow during that period.

The case dates back to March 2012, when the husband, Naren Goregaonkar, passed away, leading to the discontinuation of maintenance payments. A 62-year-old woman approached the family court seeking pending dues, following which the court directed the husband’s legal heirs to clear the arrears. However, her plea to increase the maintenance amount was rejected. Upholding this view, the High Court ruled that properties developed independently by the heirs cannot be considered for increasing maintenance.