Bombay High Court allows recovery but bars raising maintenance posthumously
India
The Bombay High Court just clarified that if your ex-husband passes away, you can still recover any unpaid maintenance from his estate, but you can't ask for a higher amount than what was originally set.
This came up when a 62-year-old woman tried to get her ₹6,000 monthly maintenance increased years after her ex-husband's death.
Raising maintenance needs fresh decision
The court pointed out that while recovering old dues is allowed under Section 37 of the Special Marriage Act, raising the maintenance needs a fresh decision, which isn't possible without the husband present.
The judges also noted that legal heirs aren't personally on the hook for paying more, and increasing the amount could lead to unnecessary legal hassles for everyone involved.