Jharkhand High Court Orders ₹20 Lakh Alimony for Ex-Wife

The Jharkhand High Court has ordered a man to pay ₹20 lakh as permanent alimony to his former wife, holding that a husband’s duty to maintain his wife cannot be avoided merely because she resides with her parents or receives financial assistance from them. This ruling was issued by a Division Bench comprising Justice Sujit Narayan Prasad and Justice Sanjay Prasad on 9 October 2023, in response to an appeal filed by the 47-year-old woman against a 2016 family court decree that dissolved their marriage.

The court stated that the husband’s primary obligation to provide maintenance remains unaffected by the financial position of the wife’s parents. In determining the amount of permanent alimony, the court examined the husband’s gross monthly salary of approximately ₹47,498, which amounted to ₹34,372 after deductions.

In assessing the situation, the Bench considered the woman’s circumstances, particularly her age, lack of independent earnings, and future financial needs. The court also took into account the husband’s existing financial commitments. After evaluating these factors, the Bench concluded that ₹20 lakh would represent a fair and reasonable amount for permanent alimony.

The couple married in February 2003, but their relationship deteriorated amid allegations regarding the wife’s conduct and disputes involving their families. According to the husband’s account, the marriage occurred without dowry and was marked by the wife’s brief stay at the matrimonial home. He claimed she insisted on returning to her parental home shortly after their marriage. The husband’s parents later brought her back to their family residence in Jamshedpur after approximately one and a half months.

A criminal complaint alleging cruelty was subsequently filed by the woman’s father. The husband also alleged that the wife experienced depression due to strained relations with her parents, who, according to him, refused to communicate with her. He claimed she attempted suicide twice, and he intervened on both occasions. Among other claims, the husband stated that the wife avoided kitchen responsibilities, leaving his 79-year-old mother to handle those duties.

In 2008, the husband approached the family court for a divorce on the grounds of cruelty. The family court granted the divorce in April 2016, prompting the woman to appeal the decree before the Jharkhand High Court. During the appeal proceedings, it was disclosed that the husband had remarried on 10 July 2018.

In an affidavit, the husband indicated he was residing with his second wife and mother at his ancestral residence. Advocate Jitendra Nath Upadhyay, representing the woman, argued that both parties had agreed to settle the dispute through permanent alimony due to the husband’s new marriage. On the other hand, Advocate Dilip Kumar Karmakar, representing the husband, argued that reconciliation or mediation was no longer feasible because of the second marriage, with the remaining issue focusing on the amount of permanent alimony.

The Bench also engaged directly with both parties during the proceedings. The woman expressed her willingness to accept the divorce decree contingent upon receiving permanent alimony, while the husband maintained that his financial situation did not allow for the payment.

The High Court observed that alimony proceedings must consider the personal circumstances of both spouses. The Bench noted that husbands and wives may present differing narratives of their marriage based on their respective experiences and grievances. It stressed that courts should assess these competing accounts practically, rather than adopting a purely mechanical approach, and must reach conclusions supported by evidence and the social circumstances of the parties.

The court clarified that a wife’s residence with her parents does not transfer the husband’s primary maintenance responsibility to her family when she has no earnings of her own. After thoroughly examining the financial positions and circumstances of both parties, the High Court fixed permanent alimony at ₹20 lakh. The Bench deemed this amount appropriate in light of the husband’s monthly income and obligations, alongside the wife’s lack of independent financial resources and her need for long-term support.