RPF constable remarries, Jharkhand High Court orders Rs 30 lakh alimony to first wife

The bench added that a sum of Rs 30 lakh as one-time permanent alimony would be just, fair and reasonable for the livelihood and sustenance of the wife and the son. “For abundant clarity, it is declared that the son’s right of inheritance remains wholly unaffected, and any claim to ancestral or other property may be pursued in accordance with law,” it underscored.

Divorce challenged

The couple married on July 14, 2013, and later solemnised their marriage under Hindu customs. A son was born to them on April 8, 2015. The husband alleged that the wife repeatedly left the matrimonial home, quarrelled with him and his family, made allegations against them and threatened to frame them in false cases.

Justices Sujit Narayan Prasad and Sanjay Prasad stated that there is no fixed mathematical formula for determining permanent alimony.

The man later filed a divorce petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955, alleging cruelty. Although the wife appeared before the family court, she did not file a written statement. The family court hence proceeded without hearing the other side, and granted divorce to the husband on January 29, 2018. The wife challenged the decree before the high court.

During the appeal, it came to light that the husband had remarried, and the wife sought permanent alimony for herself and their minor son. The dispute before the high court then centred on determining a fair amount of permanent alimony.

‘Rs 17 lakh maintenance arrears’

Appearing for the wife, advocate Hemant Kumar Shikarwar said she had no independent means to support herself and the 11-year-old son, who was living with her. She said she was spending around Rs 25,000 per month on their basic needs and his education.

The counsel said the husband had provided no financial support for nearly 10 years and had paid only Rs 45,000 against maintenance arrears of about Rs 17.55 lakh. He pointed out that the husband was employed in the RPF and had a stable income, savings and retirement benefits. Therefore, he sought substantial permanent alimony for the woman and son.

Appearing for the husband, advocates Santosh Kumar Soni and Nilesh Kumar Gupta submitted that he had made repeated efforts to restore the marriage, but the wife left the matrimonial home on her own and did not return despite his efforts.

They relied on the husband’s salary slip showing a gross monthly salary of Rs 1.06 lakh and submitted that he had several dependants, including his parents, second wife and three unemployed younger brothers. It was also stated that his monthly expenses were around Rs 70,000–73,000, leaving limited disposable income.

No fixed formula for alimony: Order

The court observed that there is no fixed mathematical formula for determining perm9***anent alimony. Maintenance should enable the wife to live with reasonable comfort and dignity consistent with the lifestyle she enjoyed during the marriage.

“The principle governing the grant of permanent alimony is that it must be fair, reasonable, and commensurate with the parties’ status, the husband’s income and capacity, and the wife’s needs. The court cannot impose an amount which is beyond the paying capacity of the husband, nor can it leave the wife without adequate financial security,” it stated.

The court stressed that although the husband had his own responsibilities, he also had a duty to maintain the standard of living of the wife and son according to his income and status. The court also expected the husband to clear the maintenance arrears of around Rs 17 lakh separately from the permanent alimony.