Jharkhand High Court Upholds Divorce and Alimony Award in Family Law Case. Court Affirms Rs. 25 Lakh Permanent Alimony and Return of 'Stridhan' Despite Husband's Claims of Financial Constraints
The Jharkhand High Court has upheld the decree of divorce between Amit Kumar Singh @ Sawan Singh and his wife Ahuti Priya, granting the latter Rs. 25 lakh as permanent alimony along with the return of her 'stridhan'. The decision, rendered on September 16, 2025, by a Division Bench comprising Justices Sujit Narayan Prasad and Arun Kumar Rai, came in the wake of allegations of cruelty and desertion against the husband.
The case, rooted in family law, revolved around serious accusations made by Ahuti Priya, the respondent, who claimed mental and physical cruelty, dowry demands, her husband's illicit relationships, and a denial of cohabitation. The court found the evidence supporting her claims compelling, noting the husband's failure to rebut the allegations or provide any evidence in his defense.
The High Court detailed its reasoning in affirming the Family Court's original decree, which was issued on August 28, 2023. The court examined the testimony of witnesses, including Ahuti Priya, her mother Rekha Kumari, and her father Shailendra Kumar Singh, who corroborated the allegations of cruelty and desertion. Despite being granted multiple opportunities, Amit Kumar Singh did not file a written statement nor did he present any witnesses.
In addressing the issue of permanent alimony, the court considered multiple factors. Although Amit Kumar Singh claimed limited income through Income Tax Returns, the court found these claims insufficiently substantiated. Despite Ahuti Priya's potential earning capacity and educational qualifications, the court underscored her lack of sufficient income to maintain herself in accordance with the lifestyle she was accustomed to during the marriage.
The judgment emphasized the legal precedent set by the Supreme Court in cases like Rajnesh v. Neha, which guides courts in determining alimony by considering the financial capacity of the spouse, the standard of living, and the impact of prolonged litigation. The court noted that the award was justified considering the marriage's duration, its impact on Ahuti Priya's life, and the absence of clear evidence from Amit Kumar Singh regarding his financial incapacity.
This case highlights the court's commitment to ensuring that a dependent spouse is not reduced to destitution or vagrancy due to a failed marriage. The judgment reiterates the importance of a fair assessment of permanent alimony, taking into account the husband's ability to pay and the wife's needs.
The decision also mandated the return of all gifts and 'stridhan' to Ahuti Priya, further ensuring her financial security post-divorce. The court's directive includes provisions for interest payment at 9% per annum on the unpaid alimony amount until realization, should there be any delays in payment.
This landmark ruling underscores the judiciary's role in safeguarding the rights and welfare of individuals in matrimonial disputes, offering a comprehensive examination of legal principles related to divorce, cruelty, desertion, and alimony.
Amit Kumar Singh @ Sawan Singh v. Ahuti Priya, (Jharkhand)(DB) : Law Finder Doc Id # 2780854
