[2026:RJ-JP:9729-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Miscellaneous Appeal No. 3421/2022 Smt. Kaushalya D/o Jagdish, Aged About 36 Years, R/o Kaladiwala (Darogawala) Tehsil Rajgarh, District Alwar(Raj.).

----Appellant Versus Heeralal S/o Govinda, Aged About 43 Years, R/o Mukerpur, Tehsil Baswa, District Dausa(Raj.).

----Respondent For Appellant(s) : Mr. Timan Singh For Respondent(s) : Mr. Lakhan Singh Tomar HON'BLE MR. JUSTICE SUDESH BANSAL HON'BLE MR. JUSTICE ASHUTOSH KUMAR

Order

06/03/2026

1. Under challenge is the judgment dated 01.10.2022 passed in Hindu Marriage Petition No.12/2012 (B.T. No.95/2020) by Additional District Judge No.2, Bandikui District Dausa whereby and whereunder marriage solemnized between parties way back in the year 1990 (exact date is not disclosed) has been dissolved and respondent-husband has been directed to pay a lump sum amount of Rs.7 lac to appellant-wife as permanent alimony.

2. We have heard counsel for both parties on appeal so also on application filed under Section 24 of the Hindu Marriage Act, 1955 filed by and on behalf of appellant-wife.

3. Learned counsel for both parties, having instructions from their respective clients and on the basis of material available on record, admits that parties are living separately since 2007 onwards and both daughters of parties have got married. It is not in dispute that now there is no possibility of reunion between parties, as virtually the relation between parties rendered emotionless, beyond repairs and salvation, as such parties do not dispute to sustain the impugned judgment in respect of dissolution of marriage.

4. The issue lie before this Court is in respect of the quantum of permanent alimony. Admittedly, husband is a Government Servant and posted as Teacher Grade-III and his retirement is due on 30.04.2028. Wife honored the responsibility of marriage of her two daughters and presently has attained age of about 55 years. A certificate dated 14.11.2024 has been placed on record by wife along with application under Section 24 of Hindu Marriage Act, 1955, showing basic pay of husband as Rs.50800 (Basic)+ 25400 (DA 50%)+ 4572 (HRA 9%)=Rs. 80,772/-

5. Per contra, counsel for husband has placed on record his bank statement showing that monthly salary of Rs.70,937/- as of September, 2025, being received by him in the bank account.

6. Considering the financial and social status of parties and the fact that marriage of both daughters was solemnized by wife, wife has no perennial source of independent income and husband is a Government Servant, considering the age of both parties, we deem it appropriate to enhance the quantum of permanent alimony from Rs.7 lacs to Rs.14 lacs as a lump sum and full & final settlement, to which counsel for both parties also agree. No additional maintenance shall be payable by husband.

7. In view of determining the quantum of permanent alimony, counsel for the appellant-wife does not want to press application under Section 24 of Hindu Marriage Act, 1955. Accordingly, the application is dismissed as not pressed.

8. In view of the above, the instant appeal stands disposed of in following terms:

(i) The judgment and decree dated 01.10.2022 for dissolution of marriage of parties solemnized in the year 1990 (undated) is maintained.

(ii) The quantum of permanent alimony Rs.7 lacs is enhanced to Rs.14 lacs and husband shall pay the amount of permanent alimony within a period of three months in the bank account of wife either through Demand Draft or through RTGS/NEFT.

(iii) In case of non-payment of amount of permanent alimony within stipulated period, the amount shall carry interest @6% per annum.

(iii) The impugned judgment and decree stands modified accordingly.

9. Registry to draw a decree accordingly.

10. Record of the Family Court be sent back.

11. All pending application(s), if any, stand disposed of.

(ASHUTOSH KUMAR),J (SUDESH BANSAL),J TANISHA /NITIN/14