Bombay High Court: In an insolvency petition raising a question that can a debtor, facing arrears of maintenance ordered under Section 125 of the Criminal Procedure Code, 1973 (‘CrPC’), seek protection under the Presidency Towns Insolvency Act, 1909 (‘Insolvency Act’) by being declared insolvent, a Single Judge Bench of Jitendra Jain, J., while dismissing the petition, held that maintenance obligations are not ‘debts’ within the meaning of the Insolvency Act, and refused to declare the husband as insolvent.
Background:
The petitioner-husband, employed as a dance teacher, married the respondent-wife on 28-01-2014. Within two months, disputes arose, resulting in proceedings being filed by the wife before the Family Court. On…