Court mandates monthly alimony and child maintenance, emphasizing the welfare of the dependent child and obligations of the father.
In a significant judgment, the Jharkhand High Court upheld a decree of divorce on the grounds of cruelty and irretrievable breakdown of marriage between Sushma Devi and Raj Kumar Prasad. The court highlighted the importance of financial viability and the welfare of the dependent child in matrimonial disputes.
The division bench, comprising Justices Sujit Narayan Prasad and Arun Kumar Rai, affirmed the decision of the Additional Principal Judge, Additional Family Court No.II, Dhanbad, which granted a divorce to Raj Kumar Prasad, citing cruelty as the primary reason. The court ordered Raj Kumar Prasad to pay a permanent alimony of Rs. 25,000 per month to Sushma Devi and Rs. 10,000 per month for the maintenance of their minor daughter, Palak Kumari. This amount is subject to a 5% enhancement every two years.
The judgment emphasized the financial responsibilities of the father towards the child, ensuring her upbringing, education, and future welfare. The court noted that the maintenance should reflect the living standards during the marriage, considering the husband's financial capacity and obligations towards other family members, including those from a subsequent marriage.
The order further stipulated that the maintenance payments should be deposited directly into Sushma Devi’s account until their daughter reaches majority, after which the payments should be made directly to the daughter's account.
This case underscores the court's role in safeguarding the financial and emotional well-being of children in matrimonial disputes, ensuring that the dissolution of marriage does not adversely impact them.
Bottom Line:
Matrimonial disputes - Assessment of permanent alimony and maintenance requires consideration of financial viability, status of the parties, and welfare of the dependent child - Alimony and child maintenance awarded in accordance with the husband's financial standing and obligation towards the dependent wife and minor daughter.
Statutory provision(s): Hindu Marriage Act, 1955 Sections 13(1)(i-a), 25
Sushma Devi v. Raj Kumar Prasad, (Jharkhand)(DB) : Law Finder Doc Id # 2835076
