Maintenance not a ‘debt’, can’t abuse insolvency law to avoid paying wife: Bombay HC
The Bombay High Court dismissed a husband's plea to be declared insolvent and stay a family court order for monthly maintenance. Justice Jitendra Jain ruled that insolvency law cannot be abused to evade maintenance obligations, stating that maintenance payments are not considered 'debts' under the Act. The court emphasized that such proceedings would undermine the family court's purpose.
The Bombay High Court dismissed a husband's plea to be declared insolvent and stay a family court order for monthly maintenance. Justice Jitendra Jain ruled that insolvency law cannot be abused to evade maintenance obligations, stating that maintenance payments are not considered 'debts' under the Act. The court emphasized that such proceedings would undermine the family court's purpose.
