Pay Rs 15 lakh more: Telangana HC orders man to double alimony for ‘insufficient’ 2015 divorce payout

While granting three months to the man to pay the amount, the court clarified that the woman shall not make any further claims. The bench also added that if the man failed to pay within the stipulated time, the woman was free to take legal steps for enforcement.

The case originated from an arranged marriage in May 1998 that the husband sought to dissolve on grounds of cruelty and desertion under sections 13 (1) (ia) and (ib) of the Hindu Marriage Act, 1955. In February 2015, a family court in Ranga Reddy District granted the divorce and ordered the man to pay Rs 15 lakh as permanent alimony. The woman challenged and appealed the judgment before the high court.

Allegations of humiliation and harassment

The man had contended that the woman humiliated and threatened him with false criminal cases, deserted the matrimonial home in 2008, and pressured him to leave his jobs to settle in Hyderabad. He stated that multiple complaints were filed against him with the police and the women’s commission to harass him. The woman, on her part, said that she faced harassment and humiliation from the man, and claimed that he failed to provide maintenance or care for the children’s education. The family court in February 2015 granted the divorce, finding the marriage had irretrievably broken down.

The division bench noted that the man filed for divorce within one month of the alleged desertion, failing the mandatory two-year statutory period, and therefore, divorce could not be granted on the ground of desertion alone. However, the court upheld the divorce based on mental cruelty, noting the wife’s repeated filing of criminal complaints, suggesting a strained relationship between the two, despite a memorandum of understanding (MOU) to settle issues within the family.

Despite two rounds of counselling on directions of the lower court, there was no chance that the parties could stay together, the court noted, as it underscored that the parties had been living separately for approximately 17.5 years. Taking all the facts and evidence into consideration, the appeal filed by the woman was partly allowed with directions to the man to pay an additional Rs 15 lakh within three months.