JUDGMENT :

Prayer

1. Both the above-noted appeals under Section 19(1) of the Family Courts Act, 1984 are directed against the common judgment dated 29.08.2024 and decree dated 06.09.2024 passed by the learned Principal Judge, Family Court, Latehar in Original Suit No. 54 of 2023, whereby and whereunder, the Suit filed by the husband under Sections 13 (1) (i-a) of the Hindu Marriage Act, 1955, has been allowed and he was directed to pay Rs. 40,00,000/- as one-time permanent alimony in favour of the wife.

2. The appeal being F.A. No. 247 of 2024 has been filed by the appellant wife by taking ground that the learned Family Court while allowing the suit filed by the husband for dissolution of marriage has not given due weightage to evidence of appellant wife and her mother and further the amount of permanent alimony has been fixed in very less quantum without considering the earning of petitioner/respondent husband and age of the appellant/wife.

3. The appeal being F.A No.05 of 2025 has been filed by the petitioner/appellant husband wherein the quantum of permanent alimony has been assailed by taking ground that the learned Family Court has not applied the settled connotation of law and arbitrarily decided the amount of permanent alimony.

Factual Matrix

4. The brief facts of the case, leading to filing of the petition filed under Section 13(1) (i-a) of the Hindu Marriage Act, 1955, by the husband, needs to be referred herein which are as under:

(i)The petitioner's [Respondent in FA No. 247 of 2024 & Appellant in FA No. 5 of 2025]case, in brief, is that marriage between the parties was solemnized on 28.11.2019 in accordance with Hindu rites and customs and with the consent of the elder members of the family. The marriage was solemnized at Bhagalpur and after few days of the marriage the parties shifted to Pune where the petitioner was working as a Senior Software Engineer and was posted at Pune.

(ii) It is stated that initially for the few days everything was normal between the parties, however, after sometime the behavior of the respondent changed and she started accusing the petitioner for having illicit relationship with his colleagues in the office. And her behavior deteriorated with time and she started to mentally harass and abuse the petitioner.

(iii) The respondent also refused to engage in the conjugal relationship with the petitioner, as a result of which, even though the parties resided in the same house, but they lived in two separate rooms. She cooked frivolous and false stories against the petitioner and also communicated this false allegation to her mother who called the petitioner and abused him using the most disrespectful and filthy language.

(iv) It has been alleged that from the month of January 2020 onwards the situation became worse and the respondent started arguing and picking up fights with the petitioner on frivolous and false allegation of his illicit relationship with other woman which resulted in great mental disturbance and agony to the petitioner.

(v)The respondent further threatened the petitioner of leaving the matrimonial home and the continuous cruel and abusive actions of the respondent pushed the petitioner into a state of trauma and clinical depression. She also threatened for committing suicide and put the blame on the petitioner.

(vi) It is further case of the petitioner that on 26.10.2020 the respondent’s mother arrived at Pune and both the respondent and her mother made the life of the petitioner a hell by threatening him to implicate in a false case of dowry demand and sexual harassment. Under the compelling circumstances the petitioner suffered trauma and clinical depression for which he had to consult a Doctor in Pune and he is undergoing treatment. The mental torture and cruelty inflicted on the petitioner compelled him to leave his house and reside at different abode.

(vii) It is stated that the marriage between the parties has now come to an irretrievable break down and there is no chance of their