Confirming divorce, Telangana High Court orders Rs 50 lakh alimony in 17-year-long marital dispute

Their long-standing dispute involved multiple criminal complaints under Section 498-A of the Indian Penal Code, maintenance petitions, and even litigation over a gift deed executed by the husband’s father in favour of their daughter. While the trial court granted them divorce in February 2015, the wife appealed against the order.

‘No possibility of re-union’

Despite the wife’s initial plea to reunite for the sake of their daughter, who is now a 22-year-old MBBS student, the court noted during the proceedings that even the wife expressed a lack of interest in joining the husband after such prolonged separation. The bench observed that the marriage had reached a point of no return due to mutual distrust and the sheer volume of litigation between the parties.

Justice K Lakshman, authoring the judgment, highlighted the disturbances in the marriage, noting: “In the absence of trust, love and affection and intention to cohabitate with each other, there is no possibility to direct the parties to lead conjugal life, as it would emerge further apprehensions, disputes, etc., as the parties are not trusting each other”.

On the wife’s contention that she required the husband to join her to lead a conjugal life, to give better life to the child, the court observed that “the evidence clearly shows that there is no intention to the parties to cooperate with each other” and concluded that “there is no possibility of re-union of the parties”.

To settle all outstanding claims

While confirming the divorce, the HC found that the family court had failed to award permanent alimony or maintenance for the daughter. To settle all outstanding claims, including maintenance cases and property disputes, the court directed the husband to pay a lump sum of Rs 50 lakh to the wife.

The judges noted that the amount is “towards full and final settlement of the appellant and her daughter, including permanent alimony and maintenance respectively”.

The husband is required to pay this amount within three months. Upon payment, the wife and daughter are barred from making further claims against his properties. Consequently, the wife’s appeal for restitution of conjugal rights was dismissed, and the husband’s divorce decree was finalised with the added financial obligation.