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P. B. BAJANTHRI, ALOK KUMAR PANDEY
Sanjay Kumar S/o Late Yogendra Kumar Singh – Appellant
Versus
Shalini Kumari D/o Anand Shankar – Respondent
JUDGMENT :
ALOK KUMAR PANDEY, J.
The present appeal is directed against the order dated 21.07.2023 passed in Miscellaneous Case No. 06 of 2015 whereby the learned Additional Principal Judge, Family Court, Patna has enhanced the alimony amount from Rs. 5,000/- to Rs. 18,000/- from the date of institution of the case in favour of the respondent-wife.
2. Briefly stated the facts of the miscellaneous case is that appellant and respondent were granted divorce on mutual consent under Section 13B of the Hindu Marriage Act vide order dated 04.08.2004 in Matrimonial Case No. 18 of 1998 and after passing the decree of divorce on mutual consent, on the basis of evidence, salary and property of the appellant, sum of Rs. 5,000/- was allowed in favour of the respondent and her son on 19.09.2008. It is claimed that appellant is earning salary of Rs. 60,000/- per month and amount of Rs. 5,000/- is meagre amount as per status of the appellant and respondent prayed that said amount of Rs. 5,000/- may be enhanced up to Rs. 35,000/- per month and also Rs. 25,000/- as a litigation cost against the appellant on 21.02.2015.
3. Learned counsel for the appellant submitted that enhanced amount of Rs. 18,000/- p
The court upheld the enhancement of alimony from Rs. 5,000/- to Rs. 18,000/- based on the appellant's increased earnings and the need for maintenance to reflect the parties' standard of living.
Family and Personal Law - Permanent alimony – Enhancement of – Court find no merit in this contention as applicant is getting a monthly pension of only Rs.1000/- per month from the Government of Hima....
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.
A marriage may be dissolved when irretrievable breakdown is evident, especially where cruelty is established, and financial obligations for maintenance must be assessed equitably.
Permanent alimony quantum under Section 25 fixed without formula, balancing husband's current/future income/capacity against wife's/child's needs, status, inflation, life expectancy; prior payments a....
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....
A wife can seek enhancement of maintenance under Section 25(2) of the Hindu Marriage Act based on changed circumstances, despite prior agreements.
The court emphasized the husband’s duty to maintain an adequate standard of living for his ex-wife and child, reflective of his income and their necessities.
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