Why Jharkhand High Court uses woman’s life expectancy to award Rs 25 lakh in alimony

The bench has taken into consideration the salary of the respondent-husband, and said it is of the view that the respondent-husband has a constant source of income, but the appellant-wife is to survive on the amount of interest to be received from the amount of permanent alimony and the future inflation, etc, is also required to be kept in mind before allowing the permanent alimony.

“The duty to maintain a wife rests primarily on the husband, in case she is not earning for herself, and cannot be diluted on the ground that she is presently living with her parents or that her parents have means to assist her,” the Jharkhand High Court stated.

‘For a life of dignity, autonomy’

• The grant of maintenance ensures that a woman is not forced to rely on her parents or relatives for basic needs, but can live with dignity and autonomy, the Jharkhand High Court stated.
• Only when adequate maintenance is granted, can she hope to secure independent accommodation and meet daily expenses, and denying or reducing maintenance on the assumption that her parents can support her effectively undermines the very purpose of the law of maintenance, which seeks to protect a deserted or destitute spouse from financial helplessness.
• In every proceeding of the determination of alimony, there are two sides to a human story – that of the wife and the husband.
• Each brings forth a version shaped by their experiences, grievances, and perceptions, the Jharkhand High Court observed.
• Where the wife is not employed or has no independent source of income, the focus naturally shifts to the income of the husband, which becomes the foundation for fixing the amount of maintenance payable.
• It is the duty of the court to assess these narratives not mechanically but pragmatically, and to arrive at a conclusion that is grounded in both evidence and social reality.
• The principle governing the grant of permanent alimony is that it must be fair, reasonable, and commensurate with the status of the parties, the income and capacity of the husband, and the needs of the wife.
• The Jharkhand High Court cannot impose an amount which is beyond the paying capacity of the husband, nor can it leave the wife without adequate financial security.

Court’s findings

• The appellant-wife has expressed her willingness to accept the dissolution of marriage, provided she is paid Rs 30 lakh towards permanent alimony in a full and final settlement, the Jharkhand High Court found.
• The respondent-husband, however, has stated that he is financially incapable of paying such an amount and has offered to pay Rs 10 lakh. His salary has been disclosed as Rs 57,634 per month.
• No consensus has therefore been reached between the parties, the Jharkhand High Court noted.
• We require consideration as to what would be the quantum of permanent alimony to meet the needs of the appellant/wife based on the pleadings available on record.
• It is evident from the provisions of the Hindu Marriage Act that the concept of permanent alimony as provided under Section 25 have been enacted with the object of removing the hardship of the wife or the husband with no independent income for living or meeting litigant expenses.

• Such a leave can be granted as well who may also be deprived of the same on proof of having sexual intercourse outside of wedlock.
• It is also a settled position of law that the court may grant permanent alimony to the party while disposing of the main application, even if the application has been moved.
• Meaning the intent of the Act is to remove the handicap/hardship of a wife or husband by passing an appropriate order at the appropriate stage, either under Section 24 or 25 of the Hindu Marriage Act, 1955.
• The respondent-husband filed the suit for divorce in 2023, i.e., after two years of marriage, on the grounds of cruelty and desertion, the Jharkhand High Court said.
• In maintenance proceedings, it is of primary importance that the income of the spouse is first assessed.
• The process of determining maintenance cannot begin or end with assumptions, and it must rest on an assessment of the earning capacity of the person from whom maintenance is sought.

Award of Rs 25 lakh

Taking into account the wife’s life expectancy, the status of the parties, their needs, and the husband’s capacity to pay, having regard to reasonable expenses for his own maintenance and others whom he is obliged to maintain, the Jharkhand High Court stated that a minimum amount of Rs 25 lakh would be just and proper.

The amount of maintenance fixed for the wife should be such that she can live in reasonable comfort, considering her status and the mode of life she was accustomed to while living with her husband, the court added.