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ARTICLE AD BOX
MUMBAI: In a important ruling, the Bombay precocious tribunal precocious held that a divorced woman cannot question enhancement of her attraction magnitude that was decreed earlier her husband's death.
But the ex-wife tin proceed to retrieve her attraction for her beingness and besides arrears of attraction from his assets, adjacent aft the hubby passes, Justices Bharati Dangre and Manjusha Deshpande held.A pistillate from Malabar Hill had filed an entreaty successful 2023 against a household tribunal bid denying enhancement of the attraction sum aft her hubby died successful 2012."The wife's close to attraction is simply a "a close idiosyncratic to her" and cannot beryllium alienated.
Her assertion of attraction is an entitlement that holds bully during her beingness and extinguishes connected her death," said Justice Dangre, who authored the judgment. "Thus the woman tin retrieve attraction already directed and quantified, done the assets oregon property of the dormant husband."The attraction assertion cannot beryllium passed connected oregon transferred connected the wife's death, HC clarified. The judgement was disposable connected Tuesday.HC, agreeing with advocator Pradip Chavan, said consequences of allowing enhancement against precocious hubby would effect successful absurdity, uncertainty and would unfastened the floodgate of litigation.
It would decision principles of finality successful succession law, the seat added.The wife's entreaty raised circumstantial questions of law. In Jan 2026, the precocious tribunal framed these questions arsenic one, whether a divorcement decree that provides for monthly attraction could beryllium enforced against the property of the precocious hubby by the divorced wife. The answer, HC said, was yes, it can. The second, much important one, was if the "right to question enhancement of imperishable attraction tin beryllium enforced against the property of the precocious husband.
" the HC said, no, it can't.After analysing the Special Marriage Act, HC said for immoderate enhancement oregon modification, cancellation of maintenance, some - hubby and woman - indispensable beryllium alive. A woman seeking enhanced attraction is fundamentally seeking caller rights, requiring caller proceeding and caller decision-making. She is not enforcing her existing attraction already quantified, the HC explained.
