Jharkhand High Court Allows Appeal Against Refusal of Divorce; Grants Relief and Fixes Permanent Alimony at ₹50 Lakh
First Appeal No. 125 of 2025
by Rishika Sinha
The Jharkhand High Court has allowed a matrimonial appeal, setting aside the Family Court’s refusal to grant divorce, and holding that a marriage which has remained non-functional for decades cannot be forced to continue as a mere legal formality. The case arose from a divorce petition filed by the husband under the Hindu Marriage Act, 1955, on grounds of cruelty and desertion. The Family Court at Jamshedpur had dismissed the petition despite the matter proceeding ex-parte against the wife, finding that the husband had failed to establish the grounds for dissolution.
Challenging this, the husband approached the High Court, contending that the Family Court failed to properly appreciate his unrebutted evidence, which demonstrated prolonged separation, cruelty, and complete breakdown of marital relations. He further highlighted that the parties had been living separately for nearly two decades with no possibility of reconciliation. On the other hand, the wife argued that cruelty and desertion had not been proved in law, and that mere separation cannot automatically lead to dissolution of marriage. She also raised concerns regarding financial security, asserting that the husband had sufficient financial capacity, including substantial retiral benefits and immovable properties.
A Division Bench of Justice Sujit Narayan Prasad and Justice Arun Kumar Rai examined the factual matrix and noted that the parties had been living separately for nearly 20 years, with failed attempts at reconciliation. The Court emphasised that desertion is not merely physical separation but involves an intention to permanently end cohabitation, which was evident in the present case. The Court also took into account that the wife had earlier initiated criminal proceedings against the husband and his family, in which they were ultimately acquitted, and that maintenance proceedings had already been initiated and complied with.
Significantly, the Court observed that the marriage had reached a stage of complete breakdown and described it as a “dead wood marriage”, noting that continuation of such a relationship serves no practical or emotional purpose. Relying on judicial precedents, the Court held that where there is no possibility of reunion, and the relationship has irretrievably broken down, it would be unjust to compel parties to remain tied in a legal bond devoid of substance. While granting a divorce, the Court then addressed the issue of permanent alimony under Section 25 of the Hindu Marriage Act. Taking into account the husband’s financial capacity, retirement benefits, properties, and the needs of the wife and daughter, including higher education and future security. The Court found the husband’s offer of ₹10 lakh to be inadequate.
Balancing the financial status of the parties and the long-term needs of the wife and daughter, the Court directed the husband to pay ₹50 lakh as one-time permanent alimony, to be paid in four instalments within one year. Out of this amount, ₹10 lakh was directed to be kept in a fixed deposit in the daughter’s name for her education and future needs. The Court clarified that the daughter’s right to inheritance remains unaffected and can be pursued independently under the law. Accordingly, the High Court allowed the appeal, set aside the Family Court’s judgment, granted a decree of divorce, and ensured financial security for the wife and daughter through a structured alimony framework.
