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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VISHAL DHAGAT, ANURADHA SHUKLA
Pawan Kumar Jain – Appellant
Versus
Sunita Jain – Respondent
ORDER :
Anuradha Shukla, J.
Both these first appeals arise out of a common judgment and decree passed by Principal Judge, Family Court, Sagar on 23.11.2021 deciding two matrimonial cases RCSHM No.54/2002 and RCSHM No.133/1996. Parties are common in both these first appeals and appellant is assailing both of them only in limited aspects of judgment and decree which relate to awarding Rs.30 Lacs as permanent alimony to respondent wife and on the direction of paying Rs.4 Lacs to her as market value of her stree dhan.
2. Admitted facts relevant for the decision of these first appeals are that a divorce petition under RCSHM No.54/2002 was filed by appellant (hereinafter referred to as 'husband') on the grounds of cruelty and desertion in the year 1995. In another matrimonial case filed as RCSHM No.133/1996 respondent (hereinafter referred to as 'wife') filed a petition for restitution of conjugal rights. Under the impugned judgment, petition for restitution of conjugal rights filed by wife was dismissed and the divorce petition filed by the respondent was allowed with supplemental reliefs in favour of wife regarding payment of permanent alimony and market value of her "stree dhan". It may
Permanent alimony is determined based on the husband's financial capacity and the wife's claim of insufficient income; distinction between stree dhan and dowry must be carefully assessed.
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 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 established that allegations of cruelty must be substantiated with evidence, and the absence of such evidence can lead to the dismissal of divorce petitions.
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