Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, RAJESH KUMAR, JJ.
Soumendu Ray, S/o. Swapan Kumar Ray – Appellant
Versus
Manasi Ray, W/o Sri Soumendu Ray D/o Sri Tribhanga Nandi – Respondent
F.A. No.159 of 2023
Decided On : 01-08-2025
| Table of Content |
|---|
| 1. legal marriage and relationship dynamics. (Para 2 , 3 , 4 , 5 , 10 , 12) |
| 2. allegations of misbehavior and cruelty. (Para 6 , 7 , 9 , 11 , 14) |
| 3. legal actions taken due to conflicts. (Para 8 , 13 , 15) |
| 4. respondent's counter-allegations and defenses. (Para 16 , 17 , 18 , 19 , 20) |
| 5. court proceedings and evidence presentation. (Para 21 , 22 , 23 , 24 , 26 , 27) |
| 6. attempts at reconciliation and settlement discussions. (Para 28 , 29 , 30) |
| 7. financial disclosures and responsibilities. (Para 31 , 32 , 33) |
| 8. agreed settlements regarding financial support. (Para 34 , 35 , 36) |
| 9. consideration of child's welfare in divorce. (Para 37 , 38 , 39 , 40) |
| 10. assessment of maintenance amounts for child. (Para 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50) |
| 11. reference to precedent cases in alimony. (Para 51 , 52 , 53 , 54 , 55) |
| 12. court's reasoning on alimony amounts. (Para 56 , 57 , 58 , 59 , 60 , 61) |
| 13. final decision on maintenance and custody issues. (Para 62 , 63 , 64 , 65) |
| 14. residential arrangements in connection with child. (Para 66 , 67 , 68 , 69 , 70 , 71 , 72) |
| 15. final orders and significance of compliance. (Para 73 , 74) |
JUDGMENT :
(Sujit Narayan Prasad, J.)
Prayer:
1. The instant appeal has been filed challenging the legality and propriety of impugned judgment passed on 16.12.2022 and decree signed on 22.12.2022 by learned Additional Principal Judge, Additional Family Court-1, East Singhbhum at Jamshedpur whereby and whereunder the Original Suit No.345 of 2017 filed by the plaintiff-appellant- husband under Section 13(1)(i-a)(i-b) of the HINDU MARRIAGE ACT , 1955 for a decree of divorce has been dismissed.
Factual Matrix
2. The case of the appellant-husband, in brief as it can be gathered from the plaint is that the respondent is the legally married wife of the appellant and their marriage was performed on 03.08.2012 according to Hindu rites and customs at Adra, Dist. Purulia, West Bengal.
3. The respondent accompanied her husband on the next day of their marriage to her matrimonial house where the marriage ceremony was celebrated to live with him and to lead their happy conjugal relationship. Thus, the marriage between the parties was duly consummated.
4. Both parties stayed at Durgapur, only about a month in between which the respondent had been to her parents’ house at Adra for a week and finally thereafter the appellant-husband and the respondent-wife went to Jamshedpur at appellant-husband’s quarter and started to lead their conjugal life.
5. After retirement from service, the father of the appellant-husband settled at Durgapur with his wife. The appellant-husband is the only son of his old parents, who are suffering from various ailments. Unfortunately, the respondent-wife was not at all willing to live at her in-law’s house even she does not like that her parents-in-law should visit to their ISWP quarter at Jamshedpur at any point of time. Thus, the parents of the appellant-husband used to come occasionally very rare and came twice only and stayed there total for three months but both the times the respondent misbehaved with them. Even the respondent- wife does not like off and on visit of appellant-husband to his native place Durgapur to see his ailing and old aged parents.
6. The cordial relationship of husband and wife could not continue for longer period as mother and elder unmarried sister of the respondent were maintaining their regular visits to the house of the appellant-husband and they were also putting regular interference in the affairs between appellant-husband and his wife in all matters.
7. The respondent’s mother and elder unmarried sister insulted, humiliated and misbehaved several times not only the appellant-husband but also his parents over phone and even in front of the relatives and guests of the respondent.
8. The respondent neither showed any regard to any superior members in her marital house nor the appellant- husband except at the time of marketing. The respondent used to quarrel with th
The court denied divorce due to inadequate proof of cruelty and established the father's enhanced financial obligation towards his daughter’s welfare post-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.
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....
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....
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.
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, ....
Courts may grant divorce on the grounds of cruelty and desertion, considering the irretrievable breakdown of marriage as valid grounds, particularly when one party expresses a desire to live separate....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
