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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Sushma Devi – Appellant
Versus
Raj Kumar Prasad – Respondent
| Table of Content |
|---|
| 1. grounds for dissolution of marriage under hindu marriage act. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 2. appeal against family court's divorce decree. (Para 18 , 19 , 20 , 21) |
| 3. court's analysis of 'dead wood marriage' concept. (Para 23 , 24 , 25 , 26) |
| 4. provisions for permanent alimony under section 25. (Para 27 , 28 , 29 , 30) |
| 5. factors determining quantum of alimony. (Para 31 , 32 , 33 , 34) |
| 6. consideration for child support in alimony. (Para 35 , 36 , 37 , 38 , 39) |
| 7. assessment of reasonable alimony based on husband's income. (Para 52 , 53 , 54 , 55 , 56) |
| 8. final order on maintenance and alimony. (Para 59 , 60 , 61 , 62 , 63 , 64 , 65) |
JUDGMENT :
Sujit Narayan Prasad, J.
Prayer:
1. The instant appeal has been filed challenging the legality and propriety of impugned judgment passed on 18.04.2023 and decree signed on 28.04.2023 by learned Additional Principal Judge, Additional Family Court No.II, Dhanbad whereby and whereunder the Original Suit No. 839 of 2021 filed by the petitioner-husband (respondent herein) under Section 13(1), (i-a) of the Hindu Marriage Act, 1955 for a decree of divorce has been allowed.
Factual Matrix
2. The brief facts of the case o
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, ....
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....
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