Labourer Husband Ordered To Pay ₹5 Lakh As One-Time Alimony & ₹5K In Monthly Maintenance: Chhattisgarh HC Rejects Poor Husband’s Plea To Pay In Instalments
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Editorial DeskCHHATTISGARH: The Chhattisgarh High Court has refused to modify an order directing a 38-year-old husband to pay â‚ą5 lakh as permanent alimony to his estranged wife. The husband, who claimed he worked as a labourer, asked the Court to allow him to pay the amount in instalments because he could not arrange the full sum at once.
A Division Bench of Justice Sanjay Kumar Jaiswal and Justice Bibhu Datta Guru considered the husband's application seeking modification of the earlier alimony order passed in December 2024.
The husband’s main argument was his financial condition. He submitted that, as a labourer, paying ₹5 lakh in a lump sum was beyond his capacity and requested permission to clear the amount in instalments.
However, the Court also examined his earlier payment record. According to the case placed before the High Court, only â‚ą8,000 out of the â‚ą5 lakh permanent alimony had been paid. His estranged wife, aged 35, also stated that the â‚ą5,000 monthly maintenance awarded to her had remained unpaid for about five years and six months.
While considering the husband's plea of financial hardship, the High Court observed:
“The financial difficulty pleaded by the applicant (husband), in the absence of any substantial payment towards the amount already awarded and in view of the prolonged non-payment of monthly maintenance, does not constitute a sufficient ground for modifying the order,”
The Court therefore did not accept financial difficulty alone as sufficient in the facts before it. The Court considered the husband's claim that he was a labourer, along with the fact that only a small portion of the permanent alimony had been paid and the monthly maintenance had allegedly remained unpaid for years.
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Explaining the purpose behind permanent alimony, the Court said:
“The very object of awarding permanent alimony is to secure financial support and stability to the spouse in whose favour such an amount has been awarded,”
The Court further observed:
“…when the substantial amount of permanent alimony has not been paid and even the monthly maintenance awarded in favour of the respondent has remained unpaid for a considerable period, the very purpose and object of the award of permanent alimony is being defeated,”
Accordingly, the Chhattisgarh High Court dismissed the husband's modification application. The earlier direction requiring payment of â‚ą5 lakh in permanent alimony in one go remained unchanged.
EXPLANATORY TABLE OF LAWS AND SECTIONS
| Law / Section | What It Means | Application In This Case |
|---|---|---|
| Permanent Alimony | A lump-sum or periodic financial provision ordered for a spouse after matrimonial relief. | Under the earlier December 2024 order, the husband was directed to pay â‚ą5 lakh in permanent alimony to his wife. |
| Monthly Maintenance | Periodic financial support directed to be paid to a spouse entitled to maintenance. | The Court was told that â‚ą5,000 per month had remained unpaid for around five years and six months. |
| Modification of Alimony Order | A party may seek alteration of an existing matrimonial financial order where legally permissible and sufficient grounds are established. | The husband sought modification so the â‚ą5 lakh amount could be paid in instalments instead of a lump-sum payment. |
| Financial Hardship | Financial inability may be raised before the court while seeking modification, but its effect depends on the facts and the case's payment history. | The Court held that the financial difficulty pleaded by the husband was insufficient in these circumstances, particularly given the payment record. |
CASE DETAILS
| Particular | Details |
|---|---|
| Case Title | BS v. SJ |
| Case Number | MCC No. 1261 of 2025 |
| CNR Number | CGHC010509442025 |
| Neutral Citation | 2026:CGHC:41735-DB |
| Court | High Court of Chhattisgarh at Bilaspur |
| Applicant | Husband |
| Respondent | Estranged Wife |
| Bench | Justice Sanjay Kumar Jaiswal and Justice Bibhu Datta Guru |
| Order Authored By | Justice Sanjay Kumar Jaiswal |
| Order Date | 25 September 2026 |
| Applicant’s Counsel | Mrs Madhunisha Singh, Advocate |
| Respondent’s Counsel | Mr Ujjawal Kumar Gauraha, Advocate |
| Earlier Case | FA(MAT) No. 180/2023 |
| Decision | Modification application dismissed |
KEY TAKEAWAYS
- Husband Said He Was A Labourer: He told the Court he could not pay â‚ą5 lakh permanent alimony in one lump sum and sought instalments.
- Financial Hardship Did Not Get Relief: The High Court held that his financial difficulty was not sufficient to modify the order in the circumstances.
- â‚ą8,000 Payment Went Against Him: Against â‚ą5 lakh permanent alimony, the husband had paid only â‚ą8,000 when the Court considered his request.
- Maintenance Arrears Became Crucial: The Court also relied on the wife's counsel's submission that â‚ą5,000 monthly maintenance remained unpaid for five years and six months.
- No Instalment Relief: Despite his plea that he was a labourer unable to arrange â‚ą5 lakh at once, the Chhattisgarh High Court dismissed his modification application
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