22 hrs ago
Chhattisgarh High Court Rejects Plea for Instalment Alimony
A man was ordered to pay his estranged wife Rs 5 lakh as permanent alimony.
He told the Chhattisgarh High Court that he worked as a labourer and could not pay all the money at once.
He asked to pay the amount in instalments.
The court noted that he had paid only Rs 8,000 so far.
His wife also said he had not paid her monthly support of Rs 5,000 for five years and six months.
The court said alimony is meant to provide financial support and stability.
It decided that his financial difficulty was not enough to change the earlier order.
The court therefore ordered him to pay the Rs 5 lakh in one payment.
The Chhattisgarh High Court refused to modify a Rs 5 lakh permanent alimony order.
The husband, who described himself as a labourer, sought permission to pay in instalments.
The court noted that he had paid only Rs 8,000 toward the alimony.
His wife said he had also failed to pay Rs 5,000 monthly maintenance for five years and six months.
The court dismissed his application and directed him to pay the alimony in one go.
- Who
- A 38-year-old man and his 35-year-old estranged wife; the case was heard by Justices Sanjay Kumar Jaiswal and Bibhu Datta Guru.
- What
- The Chhattisgarh High Court rejected the husband's request to pay Rs 5 lakh permanent alimony in instalments.
- Where
- Chhattisgarh High Court.
- When
- The court's order was issued on September 25; the original alimony order was dated December 6, 2024.
- Why
- The court found that only Rs 8,000 had been paid toward the alimony and that monthly maintenance had remained unpaid for years.
Husband's Position
Wife's and Court's Position
Payment method
Husband's Position
The husband said he could not make the Rs 5 lakh payment in one go because of financial difficulty and requested instalments.
Wife's and Court's Position
The wife opposed the request, while the court directed him to make the one-time payment as ordered.
Financial obligations
Husband's Position
The husband relied mainly on his claim that he was a labourer and could not afford the lump-sum payment.
Wife's and Court's Position
The wife said he had paid only Rs 8,000 toward alimony and had not paid the Rs 5,000 monthly maintenance for five years and six months.
Purpose of alimony
Husband's Position
The husband sought a modification of the existing order to make payment more manageable.
Wife's and Court's Position
The court said permanent alimony is intended to secure financial support and stability, and that prolonged non-payment defeated that purpose.
Key facts
- Permanent alimony
- Rs 5 lakh
- Amount paid toward alimony
- Rs 8,000
- Monthly maintenance
- Rs 5,000
- Unpaid maintenance period
- Five years and six months
- Husband's stated occupation
- Labourer
- Court's direction
- Pay the permanent alimony in one go
- Original order date
- December 6, 2024
Quotes
Chhattisgarh High Court
The bench of Justices Sanjay Kumar Jaiswal and Bibhu Datta Guru.
“The financial difficulty pleaded by the applicant (husband), in the absence of any substantial payment towards the amount already awarded and in view of the prolonged non-payment of monthly maintenance, does not constitute a sufficient ground for modifying the order.”
indianexpress.com
“The very object of awarding permanent alimony is to secure financial support and stability to the spouse in whose favour such an amount has been awarded.”
indianexpress.com
Sources
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