Court Orders Rs. 40 Lakh Permanent Alimony for Wife After 36 Years of Separation
In a significant ruling, the Jharkhand High Court has upheld the divorce between Sandhya Devi and Rajesh Kumar Singh, granting the divorce on grounds of cruelty and desertion. The court, presided over by Justices Sujit Narayan Prasad and Sanjay Prasad, emphasized the irretrievable breakdown of the marriage as the couple has been living separately for 36 years. The decision, rendered in First Appeal No. 126 of 2022, affirms the previous judgment of the Family Court, Jamtara.
The court noted that the prolonged separation and lack of reconciliation prospects rendered the marriage akin to "dead wood." Acknowledging the husband's duty to provide for the wife's financial security, the court awarded Sandhya Devi a permanent alimony of Rs. 40 lakh, to be paid in four equal installments over 12 months. This decision considers the husband's income, impending retirement benefits, and the wife's lack of independent income.
The judgment highlighted the judicial principles concerning maintenance, referencing Supreme Court decisions that stress the importance of the dependent spouse's financial stability post-divorce. The court acknowledged the husband's financial obligations and potential life expectancy of the wife, ensuring the alimony aligns with the standard of living she was accustomed to during the marriage.
Despite efforts for reconciliation, the court found the wife's allegations of cruelty and the husband's claims of desertion substantiated, leading to the dissolution of the marriage. The court underscored the necessity of considering inflation and medical exigencies in determining the alimony amount, ensuring the wife's sustenance and comfort.
Bottom line:-
Hindu Marriage Act, 1955 - Divorce granted on grounds of cruelty and desertion - Long-standing separation of 36 years between parties deemed as irretrievable breakdown of marriage - Permanent alimony of Rs. 40,00,000/- awarded to wife to ensure her financial sustenance.
Statutory provision(s): Hindu Marriage Act, 1955 Sections 13(1)(i-a), 13(1)(i-b), 25
Sandhya Devi v. Rajesh Kumar Singh, (Jharkhand)(DB) : Law Finder Doc id # 2930283
