Permanent alimony is essential to secure the financial future of a spouse lacking income post-divorce, as per Section 28 of the Hindu Marriage Act.

JUDGMENT :

T. Amarnath Goud, J.

Heard learned counsel for the parties.

[2] This is an appeal under section 28 of Hindu Marriage Act, 1955 against the judgment dated 28.04.2023 passed by the Learned Judge, Family Court, Agartala, West Tripura in Title Suit (Divorce) 424 of 2020.

[3] The facts leading to this case, in brief, is that the social marriage between the parties was solemnized on 21st June 2010 A.D. according to Hindu rites and Customs in the parental house of the respondent. It is stated that both the parties were known to each other from their child-hood and in the mean time they developed love affair between them. Subsequently with the intervention of the local people, the marriage between the parties were settled and solemnized. After marriage both the petitioner and respondent started residing in the house of petitioner in a joint mess. But after few days respondent started misbehaving and maltreating the petitioner and his parents without any rhyme or reason and used to abuse them in filthy languages. It is stated that the respondent was not happy to reside in a joint family and started demanding separate mess and seine house for herself. Due to this issue there had been frequent quarrel between the parties as the petitioner being the elder son did not agree with such proposal of the respondent. Respondent is totally reluctant to do house-hold work and used to go out without informing anyone. To pressurize the petitioner the respondent showed her displeasure in performing conjugal activity and did not allow the petitioner to touch her whenever petitioner tried to be closed with his wife. The respondent is very arrogant in nature and her family always supported and instigated her in her illegal activities. In such situation, a meeting was organized with the help of elderly people of the village and as per decision of the meeting, they started residing separately from the last part of 2010.

[4] On the contrary, Mr. S. Bhattacharjee, learned counsel appearing for the respondent-husband has contended before this court that the judgment and decree as passed by the learned court below is just and proper and needs no interference from this court. It is also submitted by the counsel for the husband-respondent that since the marriage is dissolved between the parties and they are no longer husband and wife, but considering the future aspect of the wife, the husband-respondent is ready to provide a lump-sum amount to the appellant wife.

[5] Based on the argument as advanced by the learned counsel for the parties, it appears to this court that the husband and wife are already staying separately in pursuance to the order passed by the learned court below. The appellant-wife, who does not have any earning source or means of livelihood has approached before this court to grant her permanent alimony to secure her future. For a lady to live her life all alone without the support of her husband considering all aspect is very difficult and the role of the court is not to remain a spectator but to give justice without being partial to any party. It is seen from the record that the appellant-wife is not a working lady and her expenses have to be borne by the respondent-husband. Having considered the future of the appellant-wife, the respondent-husband shall pay a lump sum amount for her better and secured future. Though the marriage has already been dissolved but this court, having no alternative and for the better future of the appellant-wife, directs the respondent-husband to pay a sum of Rs.5,00,000/- (Rupees Five lakh) as permanent alimony in five equal installment. The respondent husband shall start paying the installment from 01.02.2025 and continue to pay so till the next four months. It is made also clear that the both the parties shall withdraw all the cases pending, if any, against each other pending before different forum with immediate effect. It is further made clear that on receipt of such payment of Rs.5 lakhs, the appellant