Jharkhand High Court Wife Alimony Rs 40 Lakh Inflation Medical

Considering a divorced woman’s lack of independent income, rising medical needs with age and the impact of inflation on her future survival, the Jharkhand High Court has enhanced her permanent alimony from Rs 10 lakh to Rs 40 lakh, upholding the dissolution of a marriage that had effectively broken down after the couple lived separately for nearly 36 years.

A bench of Justices Sujit Narayan Prasad and Sanjay Prasad was hearing an appeal filed by the woman against a family court order passed on September 1, 2022, which had dissolved her marriage with her former husband on the grounds of cruelty and desertion and awarded her Rs 10 lakh as one-time permanent alimony.

“The appellant-wife has to survive for her livelihood, as well as she has to take care of herself medically due to her growing age, on the amount of permanent alimony so given by the respondent-husband,” the court said on June 19.

It added, “At present, the appellant-wife is 55 years of age and taking into life expectancy of even 72 years, she has to survive for a long 17 years on the amount of permanent alimony given by her husband, beating the inflation etc, in addition to medical exigency due to growing age.”

The couple married on May 29, 1984, in accordance with Hindu rites and customs. They have a daughter.

He also told the court that a criminal case under Section 498A (cruelty to married woman by husband or his relatives) of the Indian Penal Code (IPC) filed by the wife in 1992 eventually ended in a compromise. Later, a maintenance dispute was also settled, following which he began paying monthly maintenance to her.

The wife, however, alleged that her husband had developed an illicit relationship with another woman and that she was forced to leave because of his conduct. She maintained that she had been living separately due to his actions and not by choice.

The husband subsequently approached the Family Court in Jamtara seeking dissolution of marriage on grounds of cruelty and desertion.

After examining the evidence, the court allowed the divorce petition in Original Suit No. 80 of 2019 and granted the wife a lump-sum permanent alimony of Rs 10 lakh.

Challenging the order before the high court, the wife argued that the amount was grossly inadequate considering that her husband was a railway employee earning more than Rs 81,000 per month and was on the verge of retirement with substantial retiral benefits expected.

The high court consequently enhanced the permanent alimony from Rs 10 lakh to Rs 40 lakh.

It directed the husband to pay the amount in four equal instalments within 12 months, with the first instalment to be paid within one month from the date of the judgment.

The court also granted liberty to the wife to initiate appropriate legal proceedings in the event of default.

Vineet Upadhyay is an Assistant Editor with The Indian Express, where he leads specialized coverage of the Indian judicial system. Expertise Specialized Legal Authority: Vineet has spent the better part of his career analyzing the intricacies of the law. His expertise lies in "demystifying" judgments from the Supreme Court of India, various High Courts, and District Courts. His reporting covers a vast spectrum of legal issues, including: Constitutional & Civil Rights: Reporting on landmark rulings regarding privacy, equality, and state accountability. Criminal Justice & Enforcement: Detailed coverage of high-profile cases involving the Enforcement Directorate (ED), NIA, and POCSO matters. Consumer Rights & Environmental Law: Authoritative pieces on medical negligence compensation, environmental protection (such as the "living person" status of rivers), and labor rights. Over a Decade of Professional Experience: Prior to joining The Indian Express, he served as a Principal Correspondent/Legal Reporter for The Times of India and held significant roles at The New Indian Express. His tenure has seen him report from critical legal hubs, including Delhi and Uttarakhand. ... Read More