Permanent alimony determination requires a balance of financial capacity and obligation towards dependents post-divorce.

C.A.V. JUDGMENT

(Per: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA)

Date : 30-04-2025

Heard both the parties.

2. This Miscellaneous Appeal has been filed against the judgment/order dated 13.08.2018 and decree dated 18.08.2018 passed by the learned Principal Judge, Family Court, Nalanda at Bihar Sharif in Divorce Case No. 151 of 2013 whereby the learned Family Court has allowed the divorce case filed by the respondent-husband under Section 13 (1) (ia) and (ib) of the Hindu Marriage Act, 1955 .

3. The case of the respondent-husband in brief is that the marriage between the parties was solemnized on 22.03.2009 according to Hindu rites and customs. After marriage appellant-wife lived together with the respondent-husband for about 30 days, after bidagari she went to her parental house with her parents. Gradually, the behaviour and attitude of the appellant-wife changed and she used to be very stubborn. Both the parties, out of their wedlock, were blessed with a female child ‘Shreya Kumari’ on 31.07.2012, who is presently in the custody and care of appellant-wife. The respondent-husband was subjected to mental and physical cruelty by the appellant-wife and she left the company and society of her husband without his consent. It has been alleged that the appellant-wife refused to make physical relationship with the respondent-husband. On 10.07.2013, the respondent-husband went to bring the appellant- wife back to her matrimonial house, but she refused and hurled abusive language and made false complaint of dowry torture against the respondent-husband. Further, the appellant-wife filed a Complaint Case No. 344(C) of 2014 under Sections 498A, 406, and 34 of Indian Penal Code, 1860 against the respondent- husband and his family members in which they were granted bail, such registration of criminal case is after filing of divorce case in the year 2013. The relationship between the appellant and respondent has been irretrievably broken down and there is no hope of any restoration of their relationship. The respondent- husband sought decree of divorce from the learned Family Court vide Divorce Case No. 151 of 2013.

4. The appellant-wife appeared and filed written statement wherein she denied the allegations alleged by the respondent-husband. It is stated that she had cordial relationship with in-laws when she stayed at her matrimonial home during initial days of their marriage. It is further stated that the respondent-husband and his family members were not happy with the gifts received at the time of their marriage and they were pressurizing the appellant-wife for dowry of Rs. 5 Lakhs. The respondent-husband got a job as a constable in BMP-6 at Muzaffarpur in the year 2013. Thereafter, she was harassed time and again by the respondent-husband and his family members. The appellant-wife always lived with love and affection with her husband and his family members but was tortured for fulfillment of dowry demand.

5. In view of facts and circumstances and materials available on record learned Family Court, Nalanda at Bihar Sharif noted that both the parties are living separately having no cohabitation between them. It is held that the act of the wife amounts to cruelty and the wife had deserted the respondent- husband so the husband is entitled to a decree of divorce. The marriage is accordingly dissolved and the suit has been decreed vide impugned judgment/order dated 13.08.2018 and decree was issued on 18.08.2018.

6. It is evident that the relationship between the parties has strained which is marked by frequent discord. Upon bringing the respondent back form her parental home, she stayed with the petitioner for a short period and even during that period, the relationship between them lacked cordiality and harmony, as there was no healthy marital cohabitation and has progressively deteriorated over time. Although a daughter was born out of the wedlock, the parties have been living separately for more than twelve years. They have levelled serious alle