Gujarat High Court Upholds Alimony Decision in High-Profile Divorce Case

Appellant-wife's challenge on alimony amount dismissed, court finds Family Court's decision reasonable.

In a recent judgment, the Gujarat High Court has upheld the Family Court's decision regarding the quantum of alimony in the divorce case between Manishaben and Dhaval Rameshbhai Panchal. The Division Bench, comprising Ms. Sangeeta K. Vishen and Nisha M. Thakore, dismissed the appeals filed by both parties, thereby affirming the Family Court's ruling on alimony.

The appellant, Manishaben, had contested the quantum of alimony set by the Family Court, which had ordered her former husband, Dhaval Rameshbhai Panchal, to pay Rs.8,000 per month from July 9, 2013, to July 8, 2020, and Rs.10,000 per month from July 9, 2020, onwards. The appellant-wife argued that the amount was insufficient, given the husband's financial status.

The court noted that the Family Court had duly considered the financial status and responsibilities of the husband, including his obligations towards his parents and son, before determining the alimony. Despite claims from the appellant's side regarding the husband's income, the court found no substantial evidence to support an increase in the alimony amount. Furthermore, evidence suggested that the appellant-wife had an independent income, which was also considered in the decision.

The court also addressed the husband's appeal regarding the alimony payment method, where he proposed a lump sum payment instead of monthly installments. However, this proposal was not accepted by the appellant-wife, and thus, the husband's appeal was not pressed further.

In affirming the Family Court's decision, the High Court emphasized the soundness of the evidence presented and the reasonableness of the alimony amount awarded. The court directed the husband to deposit any outstanding maintenance arrears with the Family Court, ensuring the appellant-wife receives the amount due.

This judgment highlights the court's approach in balancing the financial needs and responsibilities of both parties in matrimonial disputes, ensuring a fair resolution based on the available evidence.

Bottom Line:

Hindu Marriage Act, 1955 - Dissolution of marriage - Appellant-wife not contesting divorce but challenging quantum of alimony - Court upheld the Family Court's decision regarding alimony, finding it reasonable based on the financial status and evidence presented.

Statutory provision(s): Hindu Marriage Act, 1955 Sections 13, 25

Manishaben v. Dhaval Rameshbhai Panchal, (Gujarat)(DB) : Law Finder Doc Id # 2820754