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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Shanti Kumari, w/o. Lalan Kumar – Appellant
Versus
Lalan Kumar, s/o. Kunteshwar Mahto – Respondent
| Table of Content |
|---|
| 1. appeal against divorce decree on cruelty grounds. (Para 1 , 2) |
| 2. appeal proceedings and income verification for alimony. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. wife's contentions of exploitation and false allegations. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. husband's claims of cruelty, adultery, and false cases. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 5. court reviews conflicting marital cruelty allegations. (Para 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 6. shift to permanent alimony due to remarriage. (Para 35 , 36) |
| 7. section 25 hma enables permanent alimony consideration. (Para 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45) |
| 8. alimony quantum based on income and status. (Para 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54) |
| 9. financial reports assess parties' capacities. (Para 55 , 56 , 57 , 58 , 59 , 60 , 61 , 62) |
| 10. awards rs.35 lakhs permanent alimony in installments. (Para 63 , 64 , 65 , 66 , 67 , 68 , 69 , 70 , 71 , 72) |
Judgment :
Sujit Narayan Prasad, J.
1. The instant appeal, under Section 19(1) of the Family Court Act, 1984, is directed against the order/judgment dated 04.06.2024 and decree signed on 21.06.2024 passed by the learned Principal Judge, Family
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 the existence of sufficient grounds for divorce must be demonstrated, alongside appropriate permanent alimony reflecting the spouse's standard of living prior to separation.
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.
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 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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