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Wife Can’t Be a Beggar: Himachal Court Upholds Divorcee Maintenance
A court in Himachal Pradesh decided that a divorced woman should continue receiving financial support from her former husband.
The woman had not remarried.
She said her husband had mistreated her and forced her to leave their home.
She asked for help under Section 125 of the Criminal Procedure Code.
The Family Court ordered the man to pay her Rs 4,000 every month.
The man argued that she could work and that divorce ended his responsibility.
The High Court rejected those arguments because he had not proved that she could support herself.
The court said maintenance helps a woman live with dignity instead of becoming destitute or a beggar.
It ordered him to pay the amount due within four weeks, subject to adjustments for other maintenance payments.
The Himachal Pradesh High Court upheld monthly maintenance of Rs 4,000 for a divorced woman.
The court said a divorced wife can claim maintenance until she remarries, unless legally disqualified.
The woman said her husband abused her, denied necessities and forced her from their home in 2009.
The Family Court assessed the husband’s monthly income at Rs 11,250 and ordered payments from May 18, 2019.
The High Court directed the husband to release the dues within four weeks, after applicable adjustments.
- Who
- A divorced woman and her former husband; the case was decided by Justices Vivek Singh Thakur and Ranjan Sharma of the Himachal Pradesh High Court.
- What
- The High Court upheld the woman’s entitlement to Rs 4,000 in monthly maintenance.
- Where
- The Himachal Pradesh High Court, following proceedings before a Family Court.
- When
- The couple married on December 21, 1997; she sought maintenance in May 2019, and the High Court ruling was dated August 10. The marriage was dissolved on November 22, 2021.
- Why
- The court held that divorce does not end a husband’s maintenance obligation when the former wife has not remarried or incurred a statutory disqualification.
Husband’s Challenge
Wife’s Claim and Court’s Ruling
Whether maintenance remained payable after divorce
Husband’s Challenge
The husband argued that the divorce ended his obligation to maintain the woman.
Wife’s Claim and Court’s Ruling
The woman argued, and the court held, that a divorced wife who has not remarried can claim maintenance unless a statutory disqualification applies.
Whether the woman could support herself
Husband’s Challenge
The husband said she worked as a tailor and was capable of maintaining herself.
Wife’s Claim and Court’s Ruling
The woman said she had no income, and the court found that the husband had not proved she had sufficient earnings.
Amount and ability to pay
Husband’s Challenge
The husband argued that Rs 4,000 was excessive given his age and health and described himself as a casual labourer.
Wife’s Claim and Court’s Ruling
The court upheld the amount, noting that he was healthy, able-bodied and capable of earning; the Family Court had assessed his income at Rs 11,250 per month.
Key facts
- Monthly maintenance
- Rs 4,000
- Maintenance start date
- May 18, 2019
- Family Court income assessment
- The husband’s monthly income was assessed at Rs 11,250.
- Marriage date
- December 21, 1997
- Divorce date
- November 22, 2021, on grounds of cruelty
- Children
- The couple had three children.
- Payment deadline
- The husband was directed to release the maintenance amount within four weeks, after applicable set-offs.
Quotes
Himachal Pradesh High Court bench
The Himachal Pradesh High Court bench comprising Justices Vivek Singh Thakur and Ranjan Sharma.
“Section 125 CrPC is to entitle the wife, children and parents for maintenance in a speedy manner and to achieve social justice by providing adequate maintenance so that she can live with dignity and she is not compelled to become a destitute or a beggar. Husband cannot escape from this legal obligation towards the wife, even if their marriage stands annulled by a decree of divorce.”
indianexpress.com
Sources
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