Permanent alimony decisions must be based on a comprehensive analysis of financial circumstances, marriage duration, and standards of living, not merely awarded without justified reasoning.

JUDGMENT :

R. Mukhopadhyay, J.

Heard Ms. Ganga Kumari Kachhap, learned counsel appearing for the appellant and Mr. Umesh Kumar Choubey, learned counsel appearing for the respondent.

2. This appeal is directed against that part of the judgment and decree dated 24.01.2023 (decree signed on 04.02.2023) passed by Sri Alok Kumar Dubey, learned Principal Judge, Family Court, Bokaro in Original Suit No. 36 of 2019 whereby and whereunder the appellant has been directed to make payment of permanent alimony of Rs.15 Lacs to the respondent within a period of three months and the appellant has prayed for reduction of the amount of permanent alimony.

3. For the sake of convenience, both the parties are referred to in this judgment as per their status before the learned trial court.

4. The petitioner/husband (appellant herein) had preferred a Suit under Section 13 (ia) A (iii) of the HINDU MARRIAGE ACT , 1955 against the respondent/wife (respondent herein) on the basis of various grounds formulated in the application for divorce.

5. The respondent on being noticed, had appeared and filed a written statement in which apart from denying the allegations made by the petitioner in his application for divorce, mention has also been made of the torture committed upon the respondent and her ultimate ouster from her matrimonial house by the petitioner.

6. Based on the pleadings of the parties, the following issues were framed 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 (wife) committed subjected to cruelty against the petitioner (husband) after marriage?

(iv) Whether the respondent (wife) deserted her husband (petitioner) since last two years prior to filing of the suit and is entitled to get a decree of dissolution of marriage on the basis of Section 13(ia)A(iii) of the HINDU MARRIAGE ACT , 1955 ?

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

7. The petitioner had examined five witnesses on his behalf while the respondent had examined three witnesses.

8. Issue No.(iii), (iv) and (v) were decided by the learned trial court in the following manner :-

“16. After going through the material available on record, I find that the relationship of man and wife in between the parties has broken down irretrievably and in future, there is no chance of their reunion or reformation. Both the parties have been living separately for a quite long period of time. No case for restitution of conjugal rights has been filed by the respondent expressing her willingness to lead her conjugal life with the petitioner. All these, goes to show that she is no longer interested to lead her conjugal life with her husband (Petitioner) and wants part ways from her husband (Petitioner). Hence, Issue Nos. iii, iv & v are decided in favour of the husband/petitioner.”

9. Learned trial court has thereafter considered the factors necessary to be looked into while granting permanent alimony which are as follows :-

“17. For deciding permanent alimony, the necessary points to be taken for consideration by the court are :-

(i) Parties may lead oral and documentary evidence with respect to income, expenditure, standard of living, etc. before the concerned court, for fixing the permanent alimony payable to the spouse.

(ii) In contemporary society, where several marriages do not last for a reasonable length of time, it may be inequitable to direct the contesting spouse to pay permanent alimony to the applicant for the rest of her life. The duration of the marriage would be a relevant factor to be taken into consideration for determining the permanent alimony