Point of Law: 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 assertion of appellant has not been disputed by respondent.

JUDGMENT :

Suman Shyam, J.

Heard Mr. N. C. Das, learned counsel appearing for the appellant. We have also heard Ms. N. Choudhury, learned counsel representing the respondent.

2. This appeal has been preferred by the husband assailing the order dated 10.07.2018 passed by the learned Principal Judge, Family Court, Kamrup(M) at Guwahati in Misc.(J) Case No.65/2018 registered on the basis of an application filed by the respondent (wife) under Section 25 of the Hindu Marriage Act, 1955 praying for permanent alimony. It would be pertinent to note herein that by the order dated 07.05.2018 passed by the learned Family Court in F.C.(Civil) No.594/2016, the marriage between the appellant and the respondent was dissolved by granting a decree of divorce on mutual consent. Upon dissolution of their marriage, the only question that remained unresolved was pertaining to the quantum of permanent alimony payable to the wife. By the impugned order dated 10.07.2018, the learned court below, after going through the materials available on record, had held that the appellant (husband) would be liable to pay a sum of Rs.30,00,000/-(Rupees Thirty Lakhs) as permanent alimony to the respondent (wife). Aggrieved by such direction issued by the learned court below, the present appeal has been filed.

3. We find that while admitting the appeal, this Court had passed an interim order dated 04.12.2019 directing the appellant to pay 50% of the amount of permanent alimony to his wife i.e. a sum of Rs.15,00,000/-(Rupees Fifteen Lakhs). We are informed that the said amount has already been paid by the appellant to the respondent.

4. By referring to the impugned order dated 10.07.2018 Mr. Das submits that the impugned order is based only on the one sided projection made by the respondent (wife) in as much as the learned court below has not considered the case of the appellant, more particularly the expenditure incurred by him on regular basis out of his earnings. On such count, submits Mr. Das, the amount of Rs.30 Lakhs granted as permanent alimony is exorbitant and deserves to be reduced. The learned counsel for the appellant has, however, made it clear that he is assailing the impugned order on the basis of findings recorded therein based on materials available before the Court at the relevant point of time and does not in any manner intend to bring any subsequent development pertaining to the appellant’s employment on record so as to assail the order.

5. Refuting such arguments, Ms. N. Choudhury, learned counsel for the respondent, submits that the appellant did not file any objection nor did he bring any facts to the notice of the learned court so as to justify his argument. The learned counsel further submits that the respondent is a young lady aged about 39 years and has her entire life to be lived with the assistance of permanent alimony. She also submits that the appellant is working as Systems Manager in WIPRO and therefore, has the requisite means to pay the balance amount of permanent alimony to the respondent, without any further delay. On such ground, Ms. Choudhury submits that the impugned order does not call for any interference by this Court.

6. We have considered the arguments advanced by learned counsel for both the sides and have also carefully gone through the materials available on record.

7. There is no dispute about the fact that when the decree of divorce was passed by the learned Family Court dissolving the marriage between the appellant and the respondent, the appellant was serving as MS in Information Security at Paladian, Qatar and earning salary in Qatari Rial. His monthly salary at that time converted in India currency, was in excess of Rs.2,33,744/-. Taking note of such facts and figures, the learned Family Court had observed as follows :-

“In this case the opposite party is serving as MS in Information Security at Paladian, Qatar. From the above it reveals that the monthly salary of the opposite party is Rs.2,33,744/-as per Indian Currency