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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Gopal Maity, son of late Satendra Nath Maity – Appellant
Versus
Pratima Maity, wife of Gopal Maity, Daughter of Tinkori Maity – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
1. The instant appeal under section 19(1) of the Family Courts Act, 1984 is directed against ex-parte judgment dated 29.05.2024 and the decree signed on 03.06.2024 passed in Original Suit No.615 of 2022 by the learned Additional Principal Judge, Additional Family Court No.2, East Singhbhum at Jamshedpur, (in short, Family Judge) whereby and whereunder the petition filed under section 13 (1) (i-a) (i-b) of the Hindu Marriage Act, 1955 by the appellant-husband against the respondent-wife, has been dismissed.
Factual Matrix
2. The brief facts of the case as pleaded in the plaint having been recorded by the learned Family Judge, needs to be referred herein as:
(i) The petitioner and the respondent are the legally married couple. Their marriage was duly solemnized according to strict principle of Hindu rites and customs on 28.04.1998 at the parental house of the respondent at Village Chakulia within P.S Chakulia District Singhbhum East.
(ii) The said marriage was negotiated one and was duly solemnized in presence of both the common wishers, friends and relatives of both the parties under a peaceful and cordial environment and as per the customs prevailing i
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....
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.
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 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....
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 upheld the divorce as mutual consent was reflected in prolonged separation, emphasizing the need for permanent alimony considering the parties' financial circumstances.
A spouse's entitlement to permanent alimony is upheld even in cases of cruelty and desertion, reflecting the court's discretion in considering financial dependency and circumstances.
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