The wide scope of section 25 of the Hindu Marriage Act, 1955 enables the court to award maintenance at the time of passing any decree, ensuring financial support for a dependent spouse.

ORDER :

Shree Chandrashekhar, J.

The ex-wife of the respondent is aggrieved of a part of the judgment delivered in Original Suit No. 76 of 2018 to the extent that the learned Principal Judge, Family Court, Bokaro has awarded Rs. 25,00,000/-as permanent alimony to her.

2. By the judgment dated 22nd December 2020, Original Suit No. 76 of 2018 was decreed and marriage of the petitioner/appellant with Subhashish Sannigrahi solemnized on 17th February 1996 was dissolved.

3. The appellant instituted Original Suit No. 76 of 2018 for dissolution of her marriage on the ground of cruelty as provided under section 13(1) (ia) of the Hindu Marriage Act, 1955.

4. The Family Court framed the following issues for adjudication:

“(i) Whether the suit is maintainable in its present form?

(ii) Whether the petitioner has valid cause of action for the suit?

(iii) Whether the respondent (Husband) committed subjected to cruelty against the petitioner (Wife) after marriage and whether the petitioner (Wife) is entitled to get a Decree of dissolution of marriage on the basis of crutlty u/S. 13(1)(ia) of Hindu Marriage Act, 1955?

(iv) Whether the petitioner is entitled to get the relief as prayed for?

5. The appellant examined herself as PW1 and her father came to the witness box to support her as PW2. Subhashish Sannigrahi brought his brother as RW2 and his maternal nephew as RW3, besides examining himself as RW1.

6. In his written statement, the respondent took a stand that it was his wife who was at fault and contested the allegations of cruelty levelled by his wife against him.

7. In the judgment in Original Suit No. 76 of 2018, the learned Principal Judge, Family Court, Bokaro reproduced the evidence laid by the parties and considered other materials on record. In paragraph No.15 of the judgment in Original Suit No. 76 of 2018, the learned Principal Judge, Family Court, Bokaro has recorded that the Whatsapp conversations which are marked as Ext.-X & X/2 for identification indicate that the relationship between the parties was not so cordial. On the basis of letters Ext.-1 series written by PW1 to PW2, the learned Judge concluded that the wife was subjected to physical and mental cruelty at the hands of her husband.

8. The aforesaid findings and the judgment and decree in Original Suit No. 76 of 2018 are not under challenge at the instance of the respondent.

9. As regards permanent alimony, the Principal Judge, Family Court, Bokaro has taken note of payslip of Subhashish Sannigrahi and a Duplex house owned by him at Darjeeling.

10. The learned Principal Judge, Family Court, Bokaro finally concluded as under:

“15. ............

On the basis of the documents as discussed above on record as well as the details of the income of the respondent, I find that the respondent/husband has sufficient means. In the light of the guidelines given by the Hon'ble Supreme Court of India, in the case of Rajnesh Versus Neha and Another as reported in 2020 SCC Online SC 903, I have gone through the documents regarding income of the respondent and his superannuation is in the year 2024, I am of the opinion that Rs.25,00.000/-(Rupees Twenty five lakhs) as permanent alimony would be sufficient to maintain the petitioner.

16. On the basis of above discussions, this suit of the petitioner is decreed on contest subject to payment of Rs.25,00,000/-(Rupees Twenty five lakhs) as one time permanent alimony/for future maintenance to the respondent.

17. It is therefore,

ORDERED :

that the suit be and the same is hereby decreed on contest subject to payment of Rs.25,00,000/-(Rupees Twenty five lakhs) by the respondent to the petitioner towards her permanent alimony and for future maintenance within two months in two installments and the marriage solemnized between the petitioner with the respondent on 17.02.1996 stands dissolved on the payment of Rs.25,00,000/-(Rupees Twenty five lakhs) by the respondent to the Petitioner as permanent alimony and for future maintenance.”

11. The quantum of alimony awarde