‘Wife can’t be a beggar’: Himachal Pradesh High Court upholds divorcee’s maintenance

The Himachal Pradesh High Court has upheld a divorced woman's maintenance award, emphasizing that provisions ensure women live with dignity and are not forced to become beggars. In the case, the woman, who had not remarried after separating from her estranged husband, sought monthly maintenance of Rs 4,000. The court ruled that an unmarried divorced wife has an absolute right to maintenance and cannot be deprived unless she meets specific grounds for disqualification.

The August 10 ruling stated, "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." The estranged couple married in 1997 and had three children; the woman alleged abuse and mistreatment, leading to her departure in 2009.

The Family Court awarded Rs 4,000 monthly maintenance, while the husband claimed he was a casual laborer with a monthly income of Rs 30,000. The High Court upheld the Family Court's decision, noting that the husband must maintain his wife in terms of the order.