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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, GAUTAM KUMAR CHOUDHARY
Priyanka Sahi W/o Siddarath Rao @ Rahul – Appellant
Versus
Siddarth Rao S/o Dinesh Kumar Rao – Respondent
JUDGMENT :
SUJIT NARAYAN PRASAD, J.
1. Both the appeals have been preferred under section 19(1) of the Family Courts Act, 1984.
2. Since both the appeals arise out of the common judgment dated 16.02.2017 passed by the Principal Judge, Family Court, Garhwa in Original M.M. Suit No. 68 of 2016, as such, both the appeals have been tagged together and taken up together for analogous hearing and are being disposed of by this common order.
3. F.A. No. 213 of 2019 has been filed by the petitioner/appellant-wife against part of the judgment dated 16.2.2017 and decree dated 06.3.2017 passed by the learned Principal Judge, Family Court, Garhwa in Original M.M. Suit No. 68 of 2016 whereby and whereunder the Learned Family Court while allowing the petition filed under Section 12(1) (C) of Hindu Marriage Act, 1955 by appellant/petitioner/wife has granted Rs. 30,00,000/-(Thirty Lakh) as permanent alimony to appellant and herein the amount of alimony has been challenged on the ground of miscalculation.
4. F.A. No. 23 of 2018 has been filed by the respondent/appellant- husband against the impugned judgment dated 16.2.2017 passed in Original M.M. Suit No.68 of 2016 passed by the learned Principal Judge,
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....
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....
A marriage may be dissolved when irretrievable breakdown is evident, especially where cruelty is established, and financial obligations for maintenance must be assessed equitably.
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, ....
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 upheld the divorce as mutual consent was reflected in prolonged separation, emphasizing the need for permanent alimony considering the parties' financial circumstances.
The refusal to cohabit and unilateral abandonment constitute grounds for divorce under the Hindu Marriage Act, qualifying as mental cruelty.
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