Jharkhand High Court Grants Rs. 60,000 Monthly Alimony to Wife and Son After Divorce
Court Orders Enhanced Permanent Alimony with Inflation Adjustment; Ensures Education and Livelihood Support for Minor Son
In a significant ruling, the Jharkhand High Court has directed Manoj Kumar, a Deputy Manager at State Bank of India, to pay a total of Rs. 60,000 per month as permanent alimony to his estranged wife, Sushma Dey, and their minor son. The decision was rendered by a division bench comprising Justices Sujit Narayan Prasad and Rajesh Kumar, overturning a previous dismissal by the Family Court in Bokaro. The alimony amount is subject to a 5% increase every two years to account for inflation, with the husband obligated to ensure payments are made by the 10th of each month.
The judgment comes after the appellant-husband's plea for divorce on grounds of cruelty was initially dismissed by the Family Court. The High Court's decision was influenced by financial disclosures and the husband's ability to pay, as well as the wife's current lack of employment and the needs of their son. The court emphasized the necessity for alimony to allow the dependent spouse and child to maintain a reasonable standard of living akin to what they enjoyed during the marriage.
The court ordered Rs. 35,000 per month for the wife and Rs. 25,000 for their son's educational and sustenance needs. The judgment allows the wife to approach the husband's employer for direct payment if he fails to comply, ensuring the child’s education is not disrupted due to financial constraints.
The court also maintained the husband's right to visit his son, specifying contact times on every second Saturday and last Sunday of each month, reinforcing the importance of the father-son relationship amidst the marital dissolution. The ruling highlights the court's balanced approach in securing the financial and social welfare of the dependent spouse and child post-divorce.
Bottom Line:
Hindu Marriage Act - Granting permanent alimony - The court emphasized the necessity to ensure that the dependent spouse is not reduced to destitution or vagrancy on account of the failure of the marriage. Quantum of maintenance should be reasonable and realistic, enabling the dependent spouse to maintain a standard of living akin to that enjoyed during the marriage - Additionally, maintenance for the minor child must be sufficient to ensure his education and sustenance.
Statutory provision(s): Hindu Marriage Act, 1955 Section 25, Family Court Act, 1984 Section 19
Manoj Kumar v. Sushma Dey, (Jharkhand)(DB) : Law Finder Doc Id # 2795375
