Ranchi, Aug 24: The Jharkhand High Court has enhanced the permanent alimony awarded to a 28-year-old divorced woman from Rs 10 lakh to Rs 40 lakh, observing that her age, lack of independent income and her former husband’s earning potential needed to be taken into account.A division bench of Justices Sujit Narayan Prasad and Pradeep Kumar Srivastava passed the order while hearing an appeal filed by the woman against the amount fixed by the family court after dissolving her marriage in May 2023.
The High Court noted that the woman could have around 42 years of life ahead of her if an average life expectancy of 70 years was considered. It also took into account the former husband’s status as a government employee and his prospects of receiving salary increases through dearness allowance, annual increments, promotions and future pay revisions.
According to the court, the husband’s salary was around Rs 54,000 per month in September 2024. The bench also observed that he would receive retirement-related benefits in the future, whereas the woman had no independent source of income and would have to depend on the alimony for her livelihood.
The court said permanent alimony is intended to reduce the financial hardship of a spouse who does not have sufficient independent income to support themselves.The couple had married in Hazaribagh in June 2018. The woman had alleged that she faced harassment over dowry demands after the initial period of the marriage and subsequently approached the police. The marriage was later dissolved by the family court on grounds of cruelty.
The family court had directed the husband to pay Rs 10 lakh as permanent alimony, of which Rs 8 lakh had already been paid at the time of his anticipatory bail.Challenging the amount, the woman argued before the High Court that her age, financial condition, her former husband’s income and other financial resources had not been adequately considered.
The husband opposed the plea, arguing that the original amount was sufficient given his financial circumstances. His counsel also pointed out that he had remarried and had a daughter from his second marriage.The High Court, however, held that the financial needs of the woman had to be assessed with a long-term perspective.
It said the amount should allow her to maintain a reasonable standard of living and provide for her livelihood and sustenance.The bench accordingly fixed Rs 40 lakh as the total permanent alimony and directed the husband to pay the amount within one year.
The order does not mean the husband has to pay Rs 40 lakh annually. It is a one-time permanent alimony amount fixed by the High Court.
