Financial Hardship Does Not Excuse Husband from Paying Maintenance: Himachal Pradesh High Court

A husband's challenge to monthly maintenance awarded to his divorced wife

The parties married in 1997 and had three children. The wife alleged physical and mental cruelty and left in 2009. The Family Court assessed the husband's income at ₹11,250 using minimum wages.

Issue and applicable law

The central question was a husband's challenge to monthly maintenance awarded to his divorced wife.

Section 125 CrPC includes a divorced woman who has not remarried. The proceeding arose under the CrPC; the corresponding current summary-maintenance provision for later proceedings is Section 144 BNSS. The Court found the amount fair relative to earning capacity and needs.

Court's reasoning

The Court held that unemployment, poor business, asset construction, loans or other financial pressure cannot defeat a wife's maintenance entitlement. Its principal reason was that the wife had adequate cause to live separately because cruelty was established, and the husband produced no proof that she had sufficient independent income.

Decision and practical effect

The revision was dismissed, ₹4,000 monthly maintenance was upheld, and payment was directed within four weeks subject to adjustment of sums received elsewhere.

The ruling is significant because it clarifies how the stated legal standard should be applied to comparable disputes without extending the decision beyond the facts reported by the source.

Case details

• Case: S v. S
• Court: Himachal Pradesh High Court
• Case number or citation: Criminal Revision (FC) No. 19 of 2024
• Date of decision: 10 August 2026
• Judges: Justice Vivek Singh Thakur and Justice Ranjan Sharma
• Source: https://www.livelaw.in/high-court/himachal-pradesh-high-court/himachal-pradesh-high-court-financial-constraints-outstanding-loans-escape-route-maintenance-liability-549250