Ranchi:
Taking note of a woman’s meager monthly income of ₹2,000, her lack of immovable property, and her estranged husband’s second marriage, the Jharkhand High Court has upheld a divorce decree while directing the man to pay a permanent monthly maintenance of ₹10,000 each to her and their minor son.
A Division Bench comprising Chief Justice M.S. Sonak and Justice Manoj Prasad passed the order on October 15 while adjudicating the wife’s appeal challenging the family court's dissolution of marriage, in which she also sought permanent alimony.
Key Observations of the Court
- Right to Alimony Despite Dismissal of Appeal: The Bench observed that the wife remains entitled to permanent maintenance even though her challenge against the divorce decree was dismissed.
- Income Disparity and Remarriage: The court noted that while the husband had entered into a second marriage and fathered a child, the first wife was earning a nominal monthly honorarium of ₹2,000 under the National Rural Health Mission (NRHM) and held no immovable property in her name.
- Maintenance for Minor Son: The Bench ruled that the husband must pay ₹10,000 per month to the wife and another ₹10,000 per month for the minor child until he attains the age of majority.
Case Background
The couple married in 2013, but their relationship soon deteriorated. According to the husband, the wife left the matrimonial home in 2015 along with their infant son. The wife, on the other hand, alleged that she was subjected to cruelty and dowry harassment, forcing her to leave for her and her child's safety.
In 2016, the husband moved a family court seeking restitution of conjugal rights under the Hindu Marriage Act, 1955. The petition was allowed in February 2017, but the couple did not resume cohabitation. Consequently, in 2018, the husband filed for divorce on the ground that there had been no resumption of cohabitation for over a year following the decree for restitution of conjugal rights. In May 2022, the family court granted the dissolution of marriage.
Non-Disclosure of Assets by Husband
Challenging the divorce decree before the High Court, the woman submitted that reconciliation was impossible as her husband had remarried and had a child from his second marriage. She requested permanent alimony under the Hindu Marriage Act.
The High Court pointed out that the husband had initially failed to file an affidavit of disclosure of assets and liabilities despite judicial directions. An affidavit filed subsequently contained evasive statements regarding his true income and movable and immovable assets.
Reiterating that permanent alimony can be awarded at the time of passing a decree for dissolution of marriage—even on an oral application—the High Court dismissed the wife's appeal against the divorce decree but modified the ruling to award ₹20,000 in total monthly maintenance, effective from the date of the judgment.
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