‘Derogatory to all women’: Patna High Court slams lawyer for accusing client’s wife of adultery

A bench of Justices Bibek Chaudhuri and Dr. Anshuman cautioned the lawyer.

‘Unparliamentary’

• Learned advocate on behalf of the appellant submits that he is not in a position to pay the said amount because of the fact that the respondent 1 is living in adultery.
• In a most unparliamentary way, he submits in open court, within the hearing of this court as well as the learned advocates amongst whom number of lady advocates are present, that the appellant is not obliged to pay any permanent alimony to a lady who has fled away with respondent 2 to lead adulterous life.
• When the trial court disbelieved the allegation of adultery as a ground of divorce and granted divorce in favour of the appellant only on the ground of cruelty and the instant appeal is filed challenging the amount of permanent alimony to be paid by the appellant to his wife, making such aspersion in an open court without having any substance in record is not only derogatory to the respondent 1 but also to the women folk in general.
• Learned advocate on behalf of the appellant is cautioned on his submission in future.

‘Obligation to pay Rs 10.36 lakh’

• In the affidavit of assets and liabilities, the appellant has stated his monthly income as Rs 10,000 to Rs 12,000.
• Now, if we consider the daily income of the appellant of Rs 480, as per Minimum Wages Act, his monthly income comes to Rs 14,400.
• One third of 14,400 is 4,800 which the respondent no. 1 is entitled as alimony per month, when the per month alimony multiplied by 12, it would become Rs 57,600 per annum.
• In case of permanent alimony, the said amount is to be multiplied by 18 years i.e. still attainment of 60 years of the respondent, then it comes to Rs 10.36 lakh
• If the monthly salary of the appellant is held as per the affidavit of asset of Rs 12,000 then the respondent 1 is entitled to get Rs 36,000 per annum.
• In such a case the permanent alimony will be Rs 6.48 lakhs.
• Since the appellant has filed documents about his income as per monthly wages of Rs 480 per day and on calculation in accordance with the guideline made by the Supreme Court, we have come to a conclusion that the appellant was under obligation to pay Rs 10.36 lakh.
• The trial court granted a sum of Rs 10 lakhs only towards permanent alimony, we do not find any reason for interference in the instant appeal.
• However, to enable the appellant to make payment of such amount, six months time is granted to him, failing which, the respondent 1 is at liberty to recover the said amount by putting the decree passed by the trial court in execution.

Earlier the counsel on behalf of the appellant submitted that the trial court did not consider the alimony properly as the petitioner was a day labourer and his daily income was only Rs 480 as per the rate of Minimum Wages Act.