‘Wife must not live in discomfort’: Orissa High Court hikes anganwadi worker’s alimony by over 3 times to Rs 23 lakh
The Orissa High Court has enhanced the alimony amount for wife from Rs 7.5 lakh to Rs 23 lakh, considering the fact that her estranged husband is a government teacher with a monthly salary of over Rs 1 lakh.
The Orissa High Court was dealing with a plea of woman challenging trial court order regarding the alimony. (AI-generated Image) Orissa High Court alimony news: The Orissa High Court recently enhanced the permanent alimony awarded to a woman from Rs 7.5 lakh to Rs 23 lakh, observing that living need not be “luxurious”, but simultaneously, the woman should not be left to live in “discomfort”.
Justice A C Behera was hearing a plea filed by the wife challenging the trial court’s 2016 order, on the ground of inadequacy of the amount of permanent alimony.
“The duty of the court is to see that the wife lives with dignity and comfort and not in penury. Living need not be luxurious, but simultaneously, she should not be left to live in discomfort. The court has to act with pragmatic sensibility so that the wife does not meet with any kind of manmade misfortune,” the court said in its May 15 order.
Justice A C Behera said that the grant of permanent alimony to the wife is the discretion of the court. (Enhanced using AI)
Justice Behera highlighted that it is the settled propositions of law that while granting permanent alimony, no arithmetical formula can be adopted, as there cannot be mathematical exactitudes.
‘Grant of permanent alimony is discretion of court’
- As per the submitted pay slip of the respondent/husband, he is serving as a government teacher under the block education officer, and his monthly gross salary is Rs 1,00,764, and after deduction of taxes, in total Rs 24,712, his monthly home take salary is Rs 76,052.
- Except for the PF, other deductions from the salary of the respondent/husband are not statutory deductions.
- Because the deduction towards LIC premium is not a statutory deduction, but the same is a deferred payment, which will be paid to the respondent/husband later.
- The appellant/wife is working as an anganwadi worker, and her monthly honorarium is Rs 10,000 as per the submitted certificate.
- The quantum of permanent alimony for the wife (appellant) is to be fixed, taking into consideration the status of the parties.
- Grant of permanent alimony to the wife is the discretion of the court; likewise, the court has the discretion to increase the maintenance based on a substantial change in circumstances.
- It shall depend upon the status of the parties, their respective social needs, the financial capacity of the husband, and other obligations.
Case of enhancement of permanent alimony
The matter arose from a second appeal filed by a woman against her husband, challenging the 2016 additional district judge’s order on the ground of inadequacy of the amount of permanent alimony passed in her favour, praying for enhancement of the same.
Their marriage had been dissolved under Section 13(1) of the Hindu Marriage Act, 1955, in 2010. While the first appellate court had confirmed the divorce, it directed the husband to pay a lump sum of Rs 7.5 lakhs as permanent alimony. Aggrieved by what she termed an inadequate amount, the wife initially sought an enhancement to Rs 15 lakhs.
Other courts’ ruling
Jharkhand High Court news: The Jharkhand High Court recently enhanced a divorced woman’s one-time alimony from Rs 40 lakh to Rs 70 lakh, observing that maintenance is meant to ensure a wife can live with “reasonable comfort” and not be forced into “financial helplessness” after the breakdown of marriage.
Justices Sujit Narayan Prasad and Sanjay Prasad were hearing cross appeals filed by the techie husband and wife challenging the family court’s order of 2024, which dissolved their marriage, and directed the husband to pay Rs 40 lakh as one-time permanent alimony to the wife.
“A lump sum of Rs 70 lakhs would be just, fair, and reasonable for the sustenance of the wife, who has no other source of income than the alimony so received by the husband. This amount balances the financial capacity of the husband with the legitimate entitlement of the wife to secure the future of the wife, who has no other source of income other than the amount of alimony so received from the husband for her livelihood and sustenance,” the May 12 order of the high court read.
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