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Insolvency Proceedings Cannot Be Misused to Evade Maintenance Order Passed by Family Court: Bombay High Court

24 Nov 2025 3 min read
Insolvency Proceedings Cannot Be Misused to Evade Maintenance Order Passed by Family Court: Bombay High Court

The Bombay High Court has delivered a significant decision in INSOLVENCY PETITION NO. 01 OF 2025, ruling that proceedings under the Presidency-Towns Insolvency Act, 1909 cannot be misused by a spouse to delay or frustrate a valid maintenance order passed by a Family Court. Justice Jitendra Jain made it clear that insolvency relief cannot override or obstruct enforcement of maintenance, which is a crucial social protection for dependent spouses. Background…

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