Case Details

Case Title: Samar Paul v. State of West Bengal & Ors.

Case No: CRR 1438/2024

Bench: Hon’ble Justice Uday Kumar

Counsel for Appellant: Advocate Ayesha Sultana

Counsel for Respondent: Advocate Soumen Sarkar, Adv. Ayanta Kumar Mukhopadhyay, Subhojit Mukherjee and others

Judgement: 7 September 2026

Introduction

Divorce Doesn’t Always End Your Right to Maintenance

The Calcutta High Court made a significant ruling in the case of Samar Paul v. State of West Bengal & Ors.,clarified that divorce does not automatically take away a woman's right to seek maintenance. However, the Court also explained that different rules apply when an adult daughter seeks maintenance under Section 125 CrPC that a divorced wife can claim maintenance from husband till the time she is remarried.

Background of the case

The case arose out of a matrimonial dispute between Samar Paul and his wife, Jyotsna Paul. The couple had married on 11 February 1995 and had two children—a son and a daughter. Over the years, differences developed between the parties. Following an incident in July 2018, the wife files a criminal complaint alleging physical assault and other acts of violence. Subsequently, the husband instituted a matrimonial suit seeking dissolution of the marriage. Meanwhile, the wife had approached the Magistrate under Section 125 CrPC seeking maintenance. In 2019, an interim maintenance order was passed directing the husband to pay ₹1,500 per month to the wife and ₹2,000 per month for the daughter, making a total of ₹3,500 per month.

Later, on 20 June 2022, the husband obtained an ex parte divorce decree. He argued that once the marriage was over, his former wife should no longer be able to continue her maintenance case. He also challenged the daughter's claim, stating that she had already become a major and therefore could not claim maintenance under Section 125 CrPC.

The dispute finally reached the Calcutta High Court in CRR 1438 of 2024, where the Court examined whether maintenance could continue after divorce and whether an adult daughter could claim maintenance under the same provision.

Judgment

The Calcutta High Court partly allowed the husband's plea and clarified that divorce does not automatically end a woman's right to maintenance. A divorced woman who has not remarried and cannot support herself may still claim maintenance under Section 125 CrPC.However, the Court held that the adult daughter was not entitled to maintenance under Section 125 CrPC, as she was a major and there was no evidence of any disability preventing her from supporting herself. She may have a separate remedy under Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956.The Court also stayed the recovery proceedings, subject to the husband depositing 50% of the genuine arrears payable to the wife.

Significance of Judgement

This judgment is important for anyone dealing with maintenance after divorce. The message is simple: ending a marriage does not necessarily end the responsibility to provide financial support to an eligible former wife.At the same time, maintenance claims are not the same for everyone. The law treats a divorced wife and a major child differently, and the exact circumstances of each case matter. For women who are financially dependent after divorce, understanding their legal rights can make a significant difference. Taking timely legal advice can help them understand whether they are entitled to maintenance and what legal remedy may be available.

Conclusion

The decision in Samar Paul v. State of West Bengal & Anr. reminds us that a divorce decree is not necessarily the end of every legal responsibility between former spouses. A divorced woman who has not remarried and is unable to maintain herself may continue to seek maintenance under Section 125 CrPC, provided the legal requirements are fulfilled. At the same time, the judgment makes it clear that the law places different conditions on maintenance claims by adult children. Ultimately, knowing your rights is the first step towards protecting them.

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