IN THE HIGH COURT OF JUDICATURE AT PATNA
P. B. Bajanthri, CJ, S. B. Pd. Singh, J
Alok Kumar Son of Shri Hare Krishna Singh - Appellant
Versus
Smt. Anupama Singh Wife of Alok Kumar - Respondent
Miscellaneous Appeal No.996 of 2018
Decided On : 14-10-2025
Hindu Marriage Act, 1955 – Section 13(1)(i-a) with Section 25 – Dissolution of Marriage – Permanent alimony and maintenance – Marriage between the appellant-husband and the respondent-wife, having been irretrievably broken, forcing them to continue their matrimonial relationship will be an abuse of the process of law where both sides does not want to continue their matrimonial relationship – Marriage dissolved by a decree of divorce. (Paras 11 & 12)
Alimony/maintenance – Duration of the marriage i.e., how long marriage existed is also a relevant factor in determining the quantum of permanent alimony – Generally, marriage that lasts more than 10 years are entitled to be granted a life time alimony – Section 25 of the 1955 Act itself envisages that the wife can initiate proceedings for grant of permanent alimony even after the decree of divorce – Therefore, the Court does not become functus officio with the passing of the decree and continues to have jurisdiction to award alimony even thereafter – Keeping in view the totality of circumstances and to do justice to the parties, Rs. 90,00,000/- granted as permanent alimony to be paid by appellant-husband to the respondent wife within 6 months, failing which 6% simple interest to be paid – Issue regarding claim for permanent alimony before the Court of competent jurisdiction left apex. (Paras 20, 21 & 28)
| Table of Content |
|---|
| 1. petition for divorce on grounds of cruelty. (Para 2 , 3 , 4) |
| 2. respondent's denial and claim of cruelty by in-laws. (Para 5) |
| 3. family court's dismissal of divorce petition. (Para 6) |
| 4. arguments from both appellant and respondent regarding alimony. (Para 7 , 8 , 10) |
| 5. recognition of breakdown of marriage. (Para 11 , 12) |
| 6. criteria for determining permanent alimony. (Para 14 , 15 , 18) |
| 7. decision on permanent alimony amount and enforcement. (Para 24 , 28) |
| 8. final order and dismissal of pending applications. (Para 29 , 30) |
JUDGMENT :
S. B. PD. SINGH, J.
Heard the parties.
2. The appellant-husband (Alok Kumar) has come up in this appeal against judgment and decree dated 11.09.2018 passed by the learned Principal Judge, Family Court, Muzaffarpur in Matrimonial (Divorce) Case No. 211 of 2013 whereby the petition filed by the appellant under Section 13(1)(i-a) of the HINDU MARRIAGE ACT , 1955 (in short 'the 1955 Act') seeking dissolution of marriage by a decree of divorce, has been dismissed.
3. Succinctly, the marriage of appellant- Alok Kumar was solemnized with respondent-Anupma Singh on 2nd December 2010 as per Hindu rites and ceremonies. The marriage was solemnized and performed at Lichhavi Hotel, Imlichatti, Muzaffarpur. The marriage was duly consummated; however, no child was born from the wedlock.
4. The pleaded case of appellant-husband in his petition filed under Section 13 (1)(i-a) of the 1955 Act was that appellant was employed in Merchant Navy. The marriage with the appellant was arranged one. The case of the appellant, in short is that appellant got married with respondent Anupma Singh on 02.12.2010 according to Hindu rites and rituals. The marriage was solemnized and performed at Lichhavi Hotel, Imlichatti, Muzaffarpur. It is further alleged that after the marriage, respondent came to her Sasural on 03.12.2010 where she was warmly welcomed by the appellant’s parents and relatives and she was offered valuable goods including cash and gold ornaments. The behavior of the respondent since the date of the marriage with the appellant and other in-laws was bad and the appellant anyhow continued to live with the respondent for 15 days. It is further alleged that respondent started pressurizing the appellant to go to her paternal hose and she stopped taking food and sometimes she abused the appellant and his family members. Lastly, on 28.01.2011, the respondent went to her Maike along with her brother taking all her articles without any information. By this act of the respondent, appellant felt humiliation and he also made complaint to his in-laws but the family members of the respondent did not respond. It is further alleged that on 30.01.2011, the appellant visited to the parental house of the respondent and requested her to join him at his house but she refused then appellant came back to his house and went to his place of posting on 31.01.2011. It is further alleged that the father of the appellant regularly visited to the paternal house of the respondent about her well being but respondent did not behave properly with the father of the appellant and respondent was not ready to come back to her Sasural, rather she remained abusive with the appellant and other family members. It is alleged that when the appellant returned from his service to his house on leave, at that time also, the respondent was in her parental house and she did not join the appellant in her matrimonial house and on request by the appellant to his in-laws to send respondent to her matrimonial house, the same was refused and told that she would never back to her Sasural. It is further alleged that the behavior of the respondent with the appellant was never good after 28.01.2011 and she kept the appellant away from herself and whenever the appellant tried to pursue her, she used to abuse the appellant and threatened that if he insisted further to go to her Sasural, she would commit suicide and get him and his family members in jail. The respon
Divorce is granted based on the irretrievable breakdown of marriage, and permanent alimony is awarded factoring in the financial capacities of the parties.
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 refusal to cohabit and unilateral abandonment constitute grounds for divorce under the Hindu Marriage Act, qualifying as mental cruelty.
Mental cruelty justifies divorce; unilateral refusal of cohabitation and long-term separation erode marital obligations under Hindu Marriage Act.
(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 ....
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.
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 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, ....
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