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A bench of Justices Vivek Singh Thakur and Ranjan Sharma observed that even a divorced wife has an absolute right to maintenance till she is unmarried, and cannot be curtailed unless she falls under a legally recognised ground for disqualification. The August 10 ruling said, “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.”

It came on record that the estranged couple married on December 21, 1997, and had three children. Later, the woman alleged that the man abused and mistreated her, denied her necessities and forced her out of the matrimonial home in 2009. In May 2019, the woman approached the Family Court, seeking maintenance under Section 125 of CrPC.

The woman claimed that the man was a contractor earning Rs 30,000 a month and that she had no income. The man stated that he was a casual labourer and claimed that the woman worked as a tailor and could support herself. The Family Court assessed his monthly income at Rs 11, 250 and awarded the woman Rs 4,000 monthly maintenance from May 18, 2019. Their marriage was dissolved on November 22, 2021, on the grounds of cruelty. The man challenged the Family Court’s order in the Himachal Pradesh High Court.

Advocate Aasheesh Patial, appearing for the man, argued that the woman could maintain herself, that Rs 4,000 was excessive considering his age and health, and that she had left him without sufficient reason. He also argued that divorce ended his obligation to maintain her.

Advocate Tim Saran, appearing for the woman, argued that a divorced wife who has not remarried can still claim maintenance as she does not fall in any of the exceptional categories under Section 125 (4) and that she had been forced to leave because of the man’s cruelty. She said that the man had failed to prove that she had sufficient income to support herself.

The court held that an absolute right of the wife to maintenance cannot be permitted to be infringed or tinkered with or defeated, when the wife does not entail any of the disqualifications, so as to disentitle her for maintenance.

The court noted that in the absence of any proof of disability or incapacitation, mere bald excuses cannot be accepted in law, and added that the husband, being healthy, able-bodied and capable of earning, cannot wriggle out of his legal obligation to maintain his wife.

The court upheld the Family Court’s order awarding maintenance to the wife of Rs 4000 per month, and directed the husband to release the amount of maintenance awarded in terms of the order dated January 23, 2024, to the wife after adjusting/set-off the amount of maintenance granted under other statutes during divorce proceedings or any other proceedings, if any, within four weeks from the order.