1 week ago
Jharkhand High Court Raises Woman’s Alimony to Rs 40 Lakh
A court in Jharkhand decided that a divorced woman should receive Rs 40 lakh from her former husband.
Earlier, a family court had awarded her Rs 10 lakh.
The woman is 28 years old and does not have her own income.
The judges said she may need money for many years.
They considered the husband’s current salary and the possibility that his income will increase.
The court also considered that she had been used to a certain standard of living during the marriage.
The husband said the smaller amount was enough because he had remarried and had a daughter.
The high court decided that Rs 40 lakh was fair and ordered payment within a year.
The Jharkhand High Court increased a woman’s permanent alimony from Rs 10 lakh to Rs 40 lakh.
The court cited her age, lack of independent income and the husband’s earning capacity.
The 28-year-old woman was expected to support herself for 42 more years, based on a 70-year life expectancy.
The husband’s salary was about Rs 54,000 per month in September 2024 and could rise through allowances, increments and promotions.
The court ordered the husband to pay the enhanced amount within one year.
- Who
- A 28-year-old woman and her former husband, a government employee, were involved in the case; Justices Sujit Narayan Prasad and Pradeep Kumar Srivastava issued the order.
- What
- The Jharkhand High Court increased permanent alimony from Rs 10 lakh to Rs 40 lakh.
- Where
- The couple married in Hazaribagh, and the case was decided by the Jharkhand High Court.
- When
- The order was dated August 18; the marriage was dissolved in May 2023, and the husband’s salary was assessed at about Rs 54,000 in September 2024.
- Why
- The court cited the woman’s age, lack of independent income, expected future needs and the husband’s earning capacity and future salary increases.
Wife’s Case
Husband’s Case
Amount of alimony
Wife’s Case
The woman argued that Rs 10 lakh was inadequate given her age, lack of income, the husband’s salary and other relevant financial factors.
Husband’s Case
The husband argued that the family court’s award was sufficient considering his income and other responsibilities.
Financial circumstances
Wife’s Case
Her lawyer said the husband’s provident fund, savings and marriage-related transactions should also be considered, and described her situation as pitiable.
Husband’s Case
The husband said he had remarried and had a daughter in his second marriage, making his financial circumstances relevant to the award.
Standard of living
Wife’s Case
The woman sought support that would allow her to live in reasonable comfort in line with the standard of living during the marriage.
Husband’s Case
The husband maintained that the existing award required no further interference.
Key facts
- Enhanced alimony
- Rs 40 lakh
- Previous award
- Rs 10 lakh, of which Rs 8 lakh had already been paid at the time of anticipatory bail
- Woman’s age
- 28 years
- Husband’s salary
- About Rs 54,000 per month in September 2024; he had also described his salary after deductions as Rs 40,000 per month
- Marriage
- June 2018, conducted according to Hindu rites and ceremonies in Hazaribagh
- Divorce
- Marriage dissolved by the family court in May 2023 on grounds of cruelty
- Payment deadline
- The enhanced alimony must be paid within one year
- Life expectancy used
- The court used 70 years, meaning the woman was considered likely to need support for another 42 years
Quotes
Jharkhand High Court
The High Court bench hearing the former wife’s appeal
“The amount of maintenance fixed for the wife should be such as she can live in reasonable comfort, considering her status and mode of life she was used to live when she lived with her husband, is of the view that a minimum amount of Rs 40 lakh would be just and proper”
indianexpress.com
Sources
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