‘Labourer’ seeks to pay Rs 5 lakh alimony in instalments, Chhattisgarh High Court refuses

The 38-year-old man came to the court asking for modification in a one-time permanent alimony order and sought permission to pay in instalments.

Chhattisgarh High Court labourer alimonyThe husband sought modification of the permanent alimony order mainly citing that he was a labourer and could not pay the amount in one lump sum, the court noted. (AI-generated image)

The Chhattisgarh High Court recently refused to modify a Rs 5 lakh permanent alimony order after a man, who claimed to be a labourer, said he was unable to make the payment in one go and sought permission to pay it in instalments. The court noted that he had paid only Rs 8,000 towards the Rs 5 lakh alimony, while the Rs 5,000 monthly maintenance awarded to his wife had also remained unpaid for five years and six months.

Justices Sanjay Kumar Jaiswal and Bibhu Datta Guru were hearing the plea filed by the 38-year-old man seeking modification of the Rs 5 lakh alimony granted to his wife under an earlier order of December 2024.

“The financial difficulty pleaded by the applicant (husband), in the absence of any substantial payment towards the amount already awarded and in view of the prolonged non-payment of monthly maintenance, does not constitute a sufficient ground for modifying the order,” the September 25 order read.

Only Rs 8,000 paid towards alimony

The man claimed that he was a labourer and was unable to make a one-time payment of the Rs 5 lakh permanent alimony. He requested the court to allow him to pay the amount in instalments.

Justices Sanjay Kumar Jaiswal and Bibhu Datta Guru Chhattisgarh High Court labourer alimony Justices Sanjay Kumar Jaiswal and Bibhu Datta Guru said the object of permanent alimony is to secure financial support and stability for the spouse.

His 35-year-old estranged wife, however, claimed that he had paid only Rs 8,000 out of the Rs 5 lakh permanent alimony, and had not paid the Rs 5,000 monthly maintenance for the last five years and six months.

‘Not even paying monthly support’

The high court noted that the husband sought modification of the permanent alimony order mainly on the ground that he was a labourer and could not pay the amount in one lump sum. However, it found that against the permanent alimony of Rs 5 lakh, he has paid only Rs 8,000 till date and the monthly maintenance amount has also remained unpaid for years.

“The very object of awarding permanent alimony is to secure financial support and stability to the spouse in whose favour such an amount has been awarded,” the court said.

Story continues below this ad

“…when the substantial amount of permanent alimony has not been paid and even the monthly maintenance awarded in favour of the respondent has remained unpaid for a considerable period, the very purpose and object of the award of permanent alimony is being defeated,” it added.

Accordingly, the Chhattisgarh High Court dismissed the husband’s application seeking modification of the order dated December 6, 2024, and directed him to pay the one-time alimony in one go.

Richa Sahay is a Legal Correspondent for The Indian Express (Digital), where she focuses on simplifying the complexities of the Indian judicial system. A law postgraduate, she leverages her advanced legal education to bridge the gap between technical court rulings and public understanding, ensuring that readers stay informed about the rapidly evolving legal landscape. Expertise Advanced Legal Education: As a law postgraduate, Richa possesses the academic depth required to interpret intricate statutes and constitutional nuances. Her background allows her to provide more than just summaries; she offers context-driven analysis of how legal changes impact the average citizen. Specialized Beat: She operates at the intersection of law and public policy, focusing on: Judicial Updates: Providing timely reports on orders from the Supreme Court of India and various High Courts. Legal Simplification: Translating dense "legalese" into accessible, engaging narratives without sacrificing factual accuracy. Legislative Changes: Monitoring new bills, amendments, and regulatory shifts that shape Indian society. ... Read More

 

Advertisement
Loading Recommendations...
Advertisement
Advertisement
Latest Comment
Post Comment
Read Comments