3 weeks ago
Jharkhand HC orders Rs 30 lakh alimony from RPF constable
A man and a woman got married in India in 2013.
They had a little boy together.
Later, the man wanted a divorce because he said they did not get along.
A smaller court gave them the divorce in 2018.
The man then married another woman.
The first wife said she needed money to take care of herself and their son.
So a very important court, called the Jharkhand High Court, looked at the case.
The court said the man must give his first wife and son 30 lakh rupees as a one-time payment.
That is a very big amount of money, and the court also said he must pay back another 17 lakh rupees he owed.
Now the first wife and her son can live comfortably, just like before the divorce.
The Jharkhand High Court ordered an RPF constable to pay Rs 30 lakh as one-time permanent alimony to his divorced wife and their son.
The bench of Justices Sujit Narayan Prasad and Sanjay Prasad delivered the order on August 6.
The couple married on July 14, 2013, had a son on April 8, 2015, and the family court granted divorce on January 29, 2018, on grounds of cruelty.
The court said there is no fixed formula for permanent alimony, which must be fair, reasonable and match the husband's income, the wife's needs and the marital standard of living.
The court said the constable must separately clear maintenance arrears of about Rs 17 lakh and declared the son's inheritance rights remain unaffected.
- Who
- An RPF constable, his divorced wife and their son, and the Jharkhand High Court bench of Justices Sujit Narayan Prasad and Sanjay Prasad.
- What
- The court ordered the constable to pay Rs 30 lakh as one-time permanent alimony to his ex-wife and their son, and to clear maintenance arrears of about Rs 17 lakh separately.
- Where
- Jharkhand High Court, Jharkhand, India.
- When
- The order was delivered on August 6; the couple married on July 14, 2013, and divorce was granted on January 29, 2018.
- Why
- To ensure financial security for the wife and son consistent with the standard of living they enjoyed during the marriage, given the husband's income and status.
Wife's position
Husband's position
Alimony amount
Wife's position
The wife has no independent means to support herself and the 11-year-old son, spends about Rs 25,000 per month on basic needs and education, and received no financial support for nearly 10 years, so she sought substantial permanent alimony.
Husband's position
The husband has several dependants - his parents, second wife and three unemployed younger brothers - and monthly expenses of around Rs 70,000-73,000 against a gross salary of Rs 1.06 lakh, leaving limited disposable income.
Grounds for divorce
Wife's position
The wife challenged the divorce decree, which was granted without her filing a written statement, and sought permanent alimony in the appeal.
Husband's position
The husband alleged the wife repeatedly left the matrimonial home, quarrelled with him and his family, and threatened to frame them in false cases, claiming cruelty under Section 13(1)(ia) of the Hindu Marriage Act.
Key facts
- Court
- Jharkhand High Court
- Bench
- Justices Sujit Narayan Prasad and Sanjay Prasad
- Alimony ordered
- Rs 30 lakh one-time permanent alimony
- Husband's employer
- Railway Protection Force (RPF)
- Son born
- April 8, 2015
- Divorce granted
- January 29, 2018
- Gross monthly salary
- Rs 1.06 lakh
- Maintenance arrears
- About Rs 17.55 lakh; Rs 45,000 paid by husband
Quotes
Jharkhand High Court Bench
Judges of the Jharkhand High Court
“"This court is conscious that the respondent‑husband is also to survive and he has other liability and responsibility, but vis‑a‑vis it is also his utmost duty to maintain the standard of life of the appellant‑wife and his son"”
indianexpress.com
“"The principle governing the grant of permanent alimony is that it must be fair, reasonable, and commensurate with the parties’ status, the husband’s income and capacity, and the wife’s needs"”
indianexpress.com
Sources
Related news
Jharkhand High Court Raises Woman’s Alimony to Rs 40 Lakh
Bombay High Court Rejects Alimony Award Based on Income Guesswork
Karnataka High Court Upholds Divorce, Awards Wife Rs 25 Lakh
Calcutta High Court grants divorce after 19-year separation, sets alimony
Delhi HC cuts wife's maintenance from ₹30,000 to ₹25,000
Wife Can’t Be a Beggar: Himachal Court Upholds Divorcee Maintenance
Jharkhand High Court Orders CID Probe into Teacher Recruitment Scam
Jharkhand High Court Rebukes Government Over Police Station CCTV Delay
Jharkhand High Court Transfers Exam Cancellation Plea
Jharkhand CID Arrests Ninth Suspect in JSSC-CGL Irregularities Case
Jharkhand High Court Transfers Missing Girl Case to CBI
