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IN THE HIGH COURT OF JUDICATURE AT PATNA
P. B. BAJANTHRI, CJ, S. B. PD. SINGH
Alok Kumar Son of Shri Hare Krishna Singh – Appellant
Versus
Anupama Singh Wife of Alok Kumar – Respondent
| Table of Content |
|---|
| 1. petition for divorce on grounds of cruelty. (Para 2 , 3 , 4) |
| 2. respondent's denial and claim of cruelty by in-laws. (Para 5) |
| 3. family court's dismissal of divorce petition. (Para 6) |
| 4. arguments from both appellant and respondent regarding alimony. (Para 7 , 8 , 10) |
| 5. recognition of breakdown of marriage. (Para 11 , 12) |
| 6. criteria for determining permanent alimony. (Para 14 , 15 , 18) |
| 7. decision on permanent alimony amount and enforcement. (Para 24 , 28) |
| 8. final order and dismissal of pending applications. (Para 29 , 30) |
JUDGMENT :
S. B. PD. SINGH, J.
Heard the parties.
2. The appellant-husband (Alok Kumar) has come up in this appeal against judgment and decree dated 11.09.2018 passed by the learned Principal Judge, Family Court, Muzaffarpur in Matrimonial (Divorce) Case No. 211 of 2013 whereby the petition filed by the appellant under Section 13(1)(i-a) of the HINDU MARRIAGE ACT , 1955 (in short 'the 1955 Act') seeking dissolution of marriage by a decree of divorce, has been dismissed.
3. Succinctly, the marriage of appellant- Alok Kumar was solemnized with respondent-Anupma Singh on 2nd December 2010 as per Hindu rites and ceremonies. The marriage was solemnized and
Divorce is granted based on the irretrievable breakdown of marriage, and permanent alimony is awarded factoring in the financial capacities of the parties.
The court upheld the divorce as mutual consent was reflected in prolonged separation, emphasizing the need for permanent alimony considering the parties' financial circumstances.
The refusal to cohabit and unilateral abandonment constitute grounds for divorce under the Hindu Marriage Act, qualifying as mental cruelty.
Mental cruelty justifies divorce; unilateral refusal of cohabitation and long-term separation erode marital obligations under Hindu Marriage Act.
(1) Divorce – Irretrievable breakdown of marriage may not be a ground for dissolution of marriage, under Hindu Marriage Act, but it is a ground for dissolution of marriage under Section 13(1)(1a) of ....
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....
Court upheld divorce on cruelty/desertion/non-consummation; awarded Rs.35 lakhs permanent alimony under S.25 HMA factoring wife's dependency, husband's family business/assets, remarriage, inflation, ....
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