The Bombay High Court has ruled that an ex-wife is entitled to recover maintenance from the estate of her deceased former husband, but she cannot demand an amount higher than what was fixed during his lifetime.
Case Background
The bench was hearing an appeal filed by 62-year-old Warsha, the widow of Naren Goregaonkar, against a family court's order. The family court had directed that maintenance arrears be paid from the deceased husband's estate, but Warsha sought a higher amount.
Court's Decision
Justice A. K. Menon, presiding over the single bench, clarified that while the right to maintenance survives the husband's death and can be enforced against his estate, the quantum cannot be increased posthumously. The court emphasized that the amount fixed during the husband's lifetime remains binding.
The judgment noted that the wife's claim for maintenance is a charge on the husband's estate, but any enhancement would require a separate legal proceeding during the husband's lifetime. Since no such proceeding was initiated, the ex-wife cannot seek a higher amount after his death.
The court dismissed the appeal, upholding the family court's order that limited the recovery to the arrears calculated at the original rate.
Legal Implications
This ruling reinforces the principle that maintenance obligations do not extinguish with death but are limited to the terms agreed or ordered during the deceased's life. It provides clarity for similar cases involving claims against estates.
