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VIKRAM NATH, SANDEEP MEHTA
Sonia Virk – Appellant
Versus
Rohit Vats – Respondent
JUDGMENT :
VIKRAM NATH, J.
1. The present appeal arises from the judgment dated 28th August 2024 passed by the High Court of Punjab and Haryana at Chandigarh in FAO-3803-2023 (O&M), whereby the High Court set aside the judgment dated 11th April 2023 of the Family Court, granted a decree of divorce, and awarded a sum of Rs.30,00,000/- (Rupees Thirty Lakhs only) as permanent alimony to the appellant-wife.
2. The brief facts giving rise to the present proceedings are as follows:
2.1. The marriage between the appellant-wife and respondent-husband was solemnised on 6th December 2008 in accordance with Hindu rites and ceremonies. At the time, the respondent-husband was undergoing training as a judicial officer at the Judicial Academy, Chandigarh, and the appellant- wife was practising as an Additional Advocate General.
2.2. Presently, the respondent-husband is posted as a Family Court Judge at Jamnagar, Haryana, and the appellant-wife is no longer practising as an advocate.
2.3. A daughter was born to the parties on 13th November 2009.
2.4. On 27th November 2018, the respondent-husband instituted a petition for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 19551[Hereinafter referre
Divorce – A dead marriage must be given a decent quietus – There is no purpose in perpetuating a legal bond that has long ceased to have any substance.
Decree of divorce is not under challenge not deem it necessary to go into the excruciating details as regards the allegations and counter allegation made by the parties in the divorce petition.
Permanent alimony should reflect a fair balance between the financial capacity of the paying spouse and the needs of the receiving spouse, promoting equitable outcomes in divorce settlements.
Maintenance case - Permanent alimony - Appellant has an old ailing mother living with him and he has to take care of her medical treatment, which at times, entails substantial expenditure - Such asse....
The court held that the existence of sufficient grounds for divorce must be demonstrated, alongside appropriate permanent alimony reflecting the spouse's standard of living prior to separation.
Prolonged separation over 20 years establishes irretrievable breakdown (dead wood marriage), warranting divorce; permanent alimony of Rs.50 lakhs fixed balancing husband's finances and wife's/daughte....
The court held that a marriage can be annulled under Section 12(1)(C) of the Hindu Marriage Act if obtained through fraud, particularly when one spouse conceals crucial facts such as prior relationsh....
The Supreme Court emphasized that permanent alimony is to ensure dependent spouses are supported post-divorce, enhancing the amount to Rs. 5 lakhs due to inadequate initial award.
Permanent alimony must be just and reasonable, considering the financial status and needs of the parties, with a significant increase granted based on circumstances.
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