Permanent alimony should reflect the standard of living during marriage and adjust for inflation, considering both spouses' financial situations.

JUDGMENT :

Sujit Narayan Prasad, J.

Prayer:

1. The instant appeal under Section 19(1) of the Family Court Act, 1984 is directed against order/judgment dated 22.02.2023 and decree dated 28.02.2023 passed by the learned Principal Judge, Family Court, Bokaro in Original Suit No. 83 of 2021, whereby and whereunder the learned Principal Judge has dismissed the suit filed by the appellant under Section 13(1)(ia)(ib) of the HINDU MARRIAGE ACT , 1955 for divorce.

Brief facts of the case

2. The brief facts of the case, as per the pleading made in the original suit, needs to be referred herein reads, which reads as under:

3. The marriage of the appellant and respondent was solemnized on 14.02.2011 at Ranchi before the Special Marriage Officer, Ranchi. After marriage, they lived together as husband and wife. Out of their wedlock, they have been blessed with a male baby on 19.02.2012 who is living with his mother (respondent).

4. It is further to mention herein that it is his first marriage with the respondent, while it is the second marriage of the respondent. Respondent's first marriage was solemnized with one Sumit Kumar Pal on 02.12.2003, but said marriage was dissolved by the order of the court.

5. It is the case of the appellant that the respondent is a hot tempered and quarrelsome lady. She subjected him and his family members with cruelty and torture. He tolerated all such cruelties and torture with a view to preserve their conjugal life and with the hope that she should mend in her bahaviour, but all in vain. Even after birth of their son, there was no change in her behaviour. She even did not discharge her responsibility of their newly born baby. Lastly, in the month of March 2014, she withdrawn herself from his society of the appellant/petitioner without any rhyme and reason and abandoned him to fulfill her luxurious desire.

6. It is further stated that she had filed Maintenance Case No.96 of 2017 in the court of learned Principal Judge, Family Court, Banka and as per order of the learned court, the husband is paying Rs.7,000/- per month to the respondent- wife of this case since November 2019. She had also filed a case being Mahila P.S. of Banka (Bihar) Case No. 49 of 2017 against the appellant-husband and his family members u/Ss. 498A, 341, 323, 504, 506 IPC. But the said case was compromised between them at Mahila Police Station. Due to filing of criminal case by the respondent, he became frustrated. At present, they are living separately since March 2014. No love and affection is left between them and their nuptial tie become defunct.

7. However, the petitioner/appellant filed Title (Matrimonial) Suit No. 412 of 2014 u/S. 9 of HINDU MARRIAGE ACT , 1955 for restitution of conjugal rights, which was decreed in his favour vide judgment dated 07.09.2017. In spite of direction of the court, she did not bother to join his company.

8. In the aforesaid background, the appellant had filed the suit wherein prayer had been made to pass a decree for dissolution of marriage in favour of the appellant-husband.

9. Before the family court, the respondent-wife appeared and denied the allegations of the appellant contending that the instant suit is misconceived, unwarranted and has been filed only to save his skin from the criminal cases. In fact, the petitioner/appellant and his family members subjected her with cruelty and torture for demand of dowry and appellant-husband wants to solemnize another marriage.

10. The appellant had filed an affidavit before Notary Public, Banka declaring that he will not commit offence with her in future. After that he and his family members obtained bail on the b