Jharkhand High Court Awards ₹35 Lakh Permanent Alimony to Young Wife After Husband’s Second Marriage
First Appeal no. 223 of 2024
The Jharkhand High Court, while partly allowing a matrimonial appeal, awarded ₹35 lakh as one-time permanent alimony to a young woman after taking note of the husband’s remarriage during the pendency of proceedings and the wife’s lack of independent income. The Court held that permanent alimony must ensure financial security and dignified survival of a spouse who is unable to maintain herself.
The parties were married on 4 February 2019. Subsequently, disputes arose between them, following which the husband filed a divorce petition before the Family Court under the Hindu Marriage Act alleging cruelty, desertion, and non-consummation of marriage. The husband further alleged that the wife had refused to cohabit, maintained a relationship with another person, and subjected him to mental cruelty by lodging criminal complaints.
The wife denied all allegations and contended that she had been subjected to harassment and ill-treatment in the matrimonial home. She also claimed that criminal proceedings were initiated due to genuine grievances and not as acts of cruelty. After considering the pleadings and evidence, the Family Court granted a decree of divorce in favour of the husband. Aggrieved by the same, the wife filed an appeal before the Jharkhand High Court.
During the pendency of the appeal, it was brought to the notice of the High Court that the husband had solemnised a second marriage. In view of this development, the wife expressed unwillingness to resume matrimonial life and instead sought permanent alimony. The Court, therefore, directed both parties to file affidavits disclosing their income, assets, and financial status, and also called for a report from the Deputy Commissioner regarding their economic condition.
The report revealed that the wife was unemployed, had no independent source of income, and was dependent upon her father. She did not own any immovable property. On the other hand, the husband was found to be residing in a double-storey house, engaged in family business, and the family possessed substantial land holdings. The Court noted that the husband had sufficient financial capacity to provide permanent alimony.
Court’s Observations
The High Court observed that the object of granting permanent alimony under Section 25 of the Hindu Marriage Act is to ensure that the spouse is not left destitute and is able to live with dignity. The Court emphasised that there is no straight-jacket formula for determining the quantum of alimony and that factors such as age, social status, financial capacity, future needs, and standard of living must be taken into account. The Court further noted that the wife was about 22 years old and had a long life ahead, requiring financial security for her future.
Taking into consideration the young age of the wife, absence of income, remarriage of the husband, and overall financial circumstances of the parties, the High Court directed the husband to pay ₹35,00,000 as one-time permanent alimony. The amount was ordered to be paid in four equal instalments within twelve months, with the first instalment to be paid within one month from the date of the order.
The ruling reiterates that courts may award lump-sum permanent alimony to secure the future of a financially dependent spouse, particularly where reconciliation is not possible and the husband has remarried. The judgment also highlights that the financial capacity of the husband, age of the wife, and her long-term survival are crucial considerations in determining just and reasonable maintenance
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