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IN THE HIGH COURT OF ORISSA AT CUTTACK
ARINDAM SINHA, M.S. SAHOO
Bandana Mishra – Appellant
Versus
Jyotiranjan Mishra – Respondent
| Table of Content |
|---|
| 1. foundation of marriage and divorce. (Para 1 , 6) |
| 2. arguments for alimony adjustments. (Para 2 , 3 , 4 , 11) |
| 3. judicial discretion in permanent alimony. (Para 5 , 7 , 8 , 9) |
| 4. limitations of appellate review on discretion. (Para 12 , 13 , 14) |
| 5. confirmation of lower court's decision. (Para 16 , 17 , 18) |
JUDGMENT :
ARINDAM SINHA, J.
2. On 30th April, 2024 Mr. Rath had drawn our attention to impugned judgment to submit, ruling on issue no.5 is to be adjudicated in the appeal as erroneous. Though the Family Court correctly appreciated that even where the husband had made out a case for divorce the wife is entitled to permanent alimony for her sustenance, as declared by the Supreme Court in K. Srinivas Rao v. D.A. Deepa , reported in AIR 2013 SC 2176 and U. Shree v. U. Srinivas , reported in AIR 2013 SC 41, it is thereafter that said Court erred in saying there is no admitted evidence on record as to respondent-husband’s assets, besides his salary. Without prejudice he submits, the Supreme Court in Kalyan Dey Chowdhury v. Rita Dey Chowdhury , reported in (2017) 14 SCC 200 had approved permanent alimony calculated factoring in 25% of the salary. His client filed affidavit
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.
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 upheld the divorce as mutual consent was reflected in prolonged separation, emphasizing the need for permanent alimony considering the parties' financial circumstances.
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.
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....
The refusal to cohabit and unilateral abandonment constitute grounds for divorce under the Hindu Marriage Act, qualifying as mental cruelty.
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....
(1) Divorce – Irretrievable breakdown of marriage may not be a ground for dissolution of marriage, under Hindu Marriage Act, but it is a ground for dissolution of marriage under Section 13(1)(1a) of ....
Mental cruelty justifies divorce; unilateral refusal of cohabitation and long-term separation erode marital obligations under Hindu Marriage Act.
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