Patna, Oct 9 The Patna High Court has granted a woman a divorce after criticising the trial court for dismissing her petition and applying the wrong law.
The high court directed the woman's husband to pay Rs 50 lakh as permanent alimony within three months.
A division bench of Justices Bibek Chaudhuri and Rana Vikram Singh on October 5 allowed the woman's appeal against the Family Court order, holding that she was entitled to dissolution of the marriage on the ground of desertion.
The couple, married in January 2010 according to Christian rites, separated in March that year. The woman had alleged cruelty and an illicit relationship between her husband and a domestic help. However, the court said she had failed to prove the allegation of adultery.
The High Court slammed the trial court for applying the Indian Christian Marriage Act, 1872, instead of the Divorce Act, 1869, which governs divorce among Christians in India, describing the mistake as "sheer negligence".
"We are surprised to note that the learned trial judge considered the case under Section 10(1) of the Christian Marriage Act, 1872. The said Act does not govern dissolution of marriage for Christian couples in India. The Divorce Act, 1869 is the governing Act for divorce for Christian couples in India. It deals with the dissolution of marriage between a man and a woman in the Christian community. It is a codified Indian Personal Law", said the bench.
The division bench further said, "It is unfortunate to note that a judicial officer in the rank of Additional Principal Judge, Family Court at Patna passed an order in a suit without even verifying the statute applicable. It is not only an ignorance, but sheer negligence on the part of the concerned trial judge. If this happens, we are afraid about the future of the judiciary in the state of Bihar."
"We have no other alternative but to set aside the judgment passed by the trial court. Accordingly, the judgment and decree of dismissal of Matrimonial (Divorce) Case No. 5313 of 2014, decided by the Additional Principal Judge, Family Court at Patna under Section 10(1) of the Indian Christian Marriage Act, 1872, is set aside," it said.
While determining permanent alimony, the High Court considered the husband's declared income, rental earnings and property holdings. The HC bench said the woman, who had no independent source of income and was dependent on her parental family, required Rs 50 lakh to meet her living expenses.
"The husband must pay the amount within three months. Upon payment, his obligation to pay monthly maintenance will cease, and pending matrimonial cases between the two will be dropped," the court ordered.
