Rpf Constable Jharkhand High Court Rs 30 Lakh Alimony First Wife

The Jharkhand High Court has directed a Railway Protection Force (RPF) constable to pay Rs 30 lakh as one-time permanent alimony to his divorced wife and their son, holding that maintenance must ensure financial security while reflecting the husband’s income, the wife’s needs and the standard of living during marriage.

A bench of Justices Sujit Narayan Prasad and Sanjay Prasad was dealing with a plea of a woman challenging the divorce decree and seeking permanent alimony for herself and their son. The main issue before the court was the amount of the permanent alimony after the husband had remarried.

“This court is conscious that the respondent-husband is also to survive and he has other liability and responsibility, but vis-à-vis it is also his utmost duty to maintain the standard of life of the appellant-wife and his son, they would have enjoyed during subsistence of the marriage as per income and status of her husband-the respondent here,” the court said on August 6.

The bench added that a sum of Rs 30 lakh as one-time permanent alimony would be just, fair and reasonable for the livelihood and sustenance of the wife and the son. “For abundant clarity, it is declared that the son’s right of inheritance remains wholly unaffected, and any claim to ancestral or other property may be pursued in accordance with law,” it underscored.

The man later filed a divorce petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955, alleging cruelty. Although the wife appeared before the family court, she did not file a written statement. The family court hence proceeded without hearing the other side, and granted divorce to the husband on January 29, 2018. The wife challenged the decree before the high court.

During the appeal, it came to light that the husband had remarried, and the wife sought permanent alimony for herself and their minor son. The dispute before the high court then centred on determining a fair amount of permanent alimony.

Appearing for the wife, advocate Hemant Kumar Shikarwar said she had no independent means to support herself and the 11-year-old son, who was living with her. She said she was spending around Rs 25,000 per month on their basic needs and his education.

The counsel said the husband had provided no financial support for nearly 10 years and had paid only Rs 45,000 against maintenance arrears of about Rs 17.55 lakh. He pointed out that the husband was employed in the RPF and had a stable income, savings and retirement benefits. Therefore, he sought substantial permanent alimony for the woman and son.

They relied on the husband’s salary slip showing a gross monthly salary of Rs 1.06 lakh and submitted that he had several dependants, including his parents, second wife and three unemployed younger brothers. It was also stated that his monthly expenses were around Rs 70,000–73,000, leaving limited disposable income.

The court observed that there is no fixed mathematical formula for determining perm9***anent alimony. Maintenance should enable the wife to live with reasonable comfort and dignity consistent with the lifestyle she enjoyed during the marriage.

“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. The court cannot impose an amount which is beyond the paying capacity of the husband, nor can it leave the wife without adequate financial security,” it stated.

The court stressed that although the husband had his own responsibilities, he also had a duty to maintain the standard of living of the wife and son according to his income and status. The court also expected the husband to clear the maintenance arrears of around Rs 17 lakh separately from the permanent alimony.

Jagriti Rai works with The Indian Express (Digital), where she writes from the vital intersection of law, gender, and society. Working on a dedicated legal desk, she focuses on translating complex legal frameworks into relatable narratives, exploring how the judiciary and legislative shifts empower and shape the consciousness of citizens in their daily lives. Expertise Socio-Legal Specialization: Jagriti brings a critical, human-centric perspective to modern social debates. Her work focuses on how legal developments impact gender rights, marginalized communities, and individual liberties. Diverse Editorial Background: With over 4 years of experience in digital and mainstream media, she has developed a versatile reporting style. Her previous tenures at high-traffic platforms like The Lallantop and Dainik Bhaskar provided her with deep insights into the information needs of a diverse Indian audience. Academic Foundations: Post-Graduate in Journalism from the Indian Institute of Mass Communication (IIMC), India’s premier media training institute. Master of Arts in Ancient History from Banaras Hindu University (BHU), providing her with the historical and cultural context necessary to analyze long-standing social structures and legal evolutions. ... Read More