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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, SANJAY PRASAD
Sanicharwa Manjhi @ Mangla Manjhi, son of Late Shanu Manjhi – Appellant
Versus
Atwari Devi, wife of Sanicharwa Manjhi @ Mangla Manjhi, D/o. Late Som Manjhi – Respondent
| Table of Content |
|---|
| 1. divorce petition context and background. (Para 2 , 3 , 5 , 6) |
| 2. procedural updates and mediation discussions. (Para 4 , 10 , 12) |
| 3. arguments on marriage dissolution and related issues. (Para 14 , 20 , 21 , 22) |
| 4. financial details for alimony considerations. (Para 26 , 27 , 28) |
| 5. legal basis for granting permanent alimony. (Para 35 , 36 , 40) |
| 6. analysis on respondent wife’s financial circumstance. (Para 61 , 64 , 65) |
| 7. final judgment and dissolution of marriage. (Para 71 , 72 , 73) |
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 14.05.2025 and decree signed on 22.05.2025 passed by the learned Additional Principal Judge, Additional Family Court, Bermo at Tenughat (Bokaro) in Original Suit No. 200 of 2023, whereby and whereunder, the suit filed by the petitioner-appellant [husband] for dissolution of marriage by decree of divorce u/s 13(1)(i-a)(i-b) of Hindu Marriage Act, 1955 against the respondent-wife, has been dismissed.
2. The brief facts of the case, leading to filing of the divorce petition by the appellant-petitioner, as taken note in the impugned order, n
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....
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....
A marriage may be dissolved when irretrievable breakdown is evident, especially where cruelty is established, and financial obligations for maintenance must be assessed equitably.
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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