3 min readNew DelhiUpdated: Aug 6, 2026 02:43 PM IST
The Calcutta High Court recently granted a divorce to a couple after finding that they had been allegedly living separately for more than 19 years, holding that the continuation of the marriage would amount to cruelty to both spouses. The court also fixed permanent alimony at Rs 10 lakh for the wife, who is employed as a private school teacher.
Justices Rajasekhar Mantha and Partha Sarathi Sen noted that the wife had not disclosed details of her salary and bank accounts in her affidavit of assets, even though an experience certificate showed that she was earning about Rs 39,000 per month, while refusing her request for permanent alimony of Rs 40 lakh.
“Given the fact that the parties are living separately for more than 19 years now, this court has already recorded in its earlier order that the continuation of the marriage between the two parties would amount to cruelty on both of them. The marriage has been broken down irretrievably,” the August 5 order read.
‘Husband undertook daughter’s education, marriage cost’
The high court noted that the man is a craft instructor earning about Rs 1.16 lakh per month, while the woman works in a private school and draws a salary of about Rs 39,000 per month. The court also noted that she would be entitled to provident fund benefits upon retirement and may also be eligible for a pension under the NPS Scheme.
The high court also noted that the husband lives on the first floor of his brother’s house, while the wife resides on the ground floor of the same property. Holding that the marriage had broken down beyond repair, the high court dissolved the marriage and set aside the trial court’s November 2021 judgment refusing divorce. It directed the registry to draw up the divorce decree expeditiously.
The court noted that the couple’s 25-year-old daughter has completed her MBBS course and is currently undergoing internship while receiving a stipend of about Rs 30,000 per month. It further recorded the husband’s undertaking to bear the expenses of her higher studies, if she chooses to pursue them, as well as her marriage expenses.
It was recorded that although the husband had offered Rs 7 lakh as permanent alimony, the wife sought Rs 40 lakh; the high court, however, directed the husband to pay Rs 10 lakh as permanent alimony to the wife within three months.
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The bench further observed that the wife’s affidavit of assets disclosed ownership of about 200 square metres of agricultural land. Observing that she had suppressed material facts in her affidavit of assets, the Calcutta High Court said it was not inclined to place reliance on the financial disclosures made by her while determining permanent alimony.
