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 adjusted for sustenance without destitution.

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 22nd August, 2024 and decree signed on 6th September, 2024 passed by the learned Principal Judge, Family Court, Deoghar in Original Suit No. 217 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 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, needs to be referred herein, which reads as under:

3. The appellant-husband was married with the respondent on 05.12.2012 according to Hindu rites and customs and after marriage the respondent was living with him in his house and blessed with a son on 20.11.2013 from their wedlock.

4. It is contended that after some days the respondent was not willing to reside with him in his house on account of differences in her life style and temperament and ultimately she left his house on 11.04.2017 and went to her parent's house and since then she is not living with him and living separately from him.

5. The further case of the appellant-husband is that he and his parents made several attempts to bring his wife back to his house and restore their conjugal rights but his wife is not willing to come back his house and refused to return with him and on the contrary his wife filed criminal cases against him for the offence u/s 498(A) of I.P.C. bearing Complaint Case No. 342/2017 and also filed a maintenance case u/s 125 of Cr.P.C. bearing Maintenance Case No. 77/2019.

6. It is contended that his wife tortured him and his parents by abusing them and throwing the meal upon them during the stay period of his wife at his house and she never liked to be bed partner since the year 2013 and subjected the appellant to extreme cruelty.

7. The further case of the appellant is that he made payment of Rs.5,00,000/-to the respondent-wife on the direction of this Court, while granting anticipatory bail to the appellant in A.B.A. No. 5469/2018 in a case filed by the respondent for the offence u/s 498(A) of Indian Penal Code, subject to adjustment towards the amount of full and final settlement of the parties.

8. Besides, the appellant is also paying Rs. 10,000/- per month to the respondent in the maintenance case through Bank Account transfer without any relationship since 11.04.2017, as per the direction of the competent court.

9. The specific case of the appellant is that since 11.04.2017 they are living separately and since then no physical relation has been made to his wife and all attempts were made in vain for restoration of their marital life, hence the appellant has filed the instant suit for dissolution of their marriage through the process of the Court.

10. On being noticed the respondent appeared and filed her written statement stating t