Smita Kumari @ Smita Prasad @ Smita Soni, vs Aashish Ranjan

IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.383 of 2023
======================================================
Ashish Prasad @ Ashish Ranjan Prasad
... ... Appellant/s
Versus
Smt. Smita Prasad
... ... Respondent/s
======================================================
with
Miscellaneous Appeal No. 375 of 2023
======================================================
Smita Kumari @ Smita Prasad @ Smita Soni,
... ... Appellant/s
Versus
Aashish Ranjan
... ... Respondent/s
======================================================
Appearance :
(In Miscellaneous Appeal No. 383 of 2023)
For the Appellant/s : Mr.Abhay Shankar Singh, Advocate
For the Respondent/s : Mr.Harish Kumar, Advocate
(In Miscellaneous Appeal No. 375 of 2023)
For the Appellant/s : Mr.Harish Kumar, Advocate
For the Respondent/s : Mr.Abhay Shankar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
and
HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
CAV JUDGMENT
(Per: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI)
Date : 10-07-2026
1. Both the appeals challenge the one and identical
judgement and decree passed in Matrimonial Petition No. A-772
of 2012 under Section 13 (1) (ia) (iii) of the Hindu Marriage Act
filed by the husband, namely, Ashish Ranjan against his wife
praying for dissolution of marriage by a decree of divorce.
2. Miscellaneous Appeal No. 375 of 2023, on the

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other hand, was filed by the wife against her husband for setting
aside the judgement and decree, dated 2nd of May, 2023, passed
by the learned Principal Judge, Family Court, Gaya in
Matrimonial Divorce Case No. 109 of 2014, whereby and
whereunder, the learned Principal Judge, Family Court, Gaya
passed an order of judicial separation under Section 10 of the
Hindu Marriage Act against the wife.
3. At the outset, the following dates are recorded for
the sake of determination of the points of dispute involved in the
instant appeal: -
Indisputably marriage of the parties was solemnized
th
on 28 of April, 2007 as per Hindu Rites and Customs at
Banaras. Since the petitioner used to work in Nagpur, the
married couple started their marital life in Nagpur after their
marriage. In the wedlock between the parties, a daughter was
born named Tanvi. It is alleged by the husband that immediately
on the next date of marriage, at the time of Bidai, the wife
started quarreling with him. After his marriage, he got a job at
Nagpur. His wife stayed for some days in the joint family of her
husband and they finally went to Greater Noida where the
husband got a new job. They used to stay in the rented house
where the wife started repeated quarrels with the husband. She

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used to scream loudly, attracting the neighbours and making
false allegation to them against her husband. The brother of the
wife used to stay in Delhi at the relevant point of time and he
took her to his house in the month of December, 2007. After few
days, there was a family rapprochement and they again started
staying together. After a lapse of one month, she started
behaving with the husband in absurd and abnormal manner.
Wife used to visit houses of his colleagues without permission
of her husband and stay there for 2-3 hours. The colleagues of
the husband made complaint against such behaviour of the wife
and over this issue quarrel broke out between them. Sometime
in April, 2008, the wife went to her mother’s house during her
pregnancy. She returned to husband’s house at Greater Noida in
March, 2009. After a lapse of about 15 days, she again picked
up quarrel with her husband. She did not prepare food for her
husband. The husband tried to settle the matter at the
intervention of the parents and brother of the wife and after
much deliberation, relationship between parties restored for a
while. During such deliberation, the wife abused him with
utmost filthy language. She was arrogant, refused to work
house-hold chores and used to threaten all the family members
that she would commit suicide. Finally brother and brother-in-

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th
law of the wife took her at her parents place on 4 of January,
2011 from Gaziabad. The wife manufactured false stories of
torture against the husband of having illicit relationship with his
th
mother. The incident took a violent turn on 8 of July, 2012. At
the time of filing of the application under Section 13 (1) (ia) (iii)
of the Hindu Marriage Act, the parties used to stay in Nagpur
and the case was initiated in the Court of learned Principal
Judge, Family Court, Nagpur, praying for dissolution of
marriage by divorce. Subsequently, the Lower Court Record
shows that on an application filed by the wife before the
Hon’ble Supreme Court, the above-mentioned case was
transferred to the Court of learned Principal Judge, Family
Court, Gaya and it was finally decided on the basis of evidence
adduced by the parties by the learned Principal Judge, Family
nd
Court, Gaya on 2 of May, 2023. The Principal Judge, Family
Court at Gaya consciously granted an order of judicial
separation, considering the fact that the parties have minor
daughter, whose future responsibilities rests upon both the
husband and wife being the parents of child.
4. Against the said judgement and decree, the husband
preferred Matrimonial Appeal No. 383 of 2003, assailing the
judgement of judicial separation praying for a decree of divorce.

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5. On the contrary, the wife filed M. A. No. 375 of
2023 assailing the judgement of judicial separation. From the
records of the appeal, it appears that the Division Bench tried to
settle the dispute on number of occasions. When the wife was
ready to stay with her husband, the husband was firm on his
stand that it would not be possible for him to stay with his wife
due to the mental cruelty perpetrated by her to him. Moreover, it
th
was argued that the parties are living separately from 6 of
August, 2012. Thus, there was no matrimonial relationship
between them for over 14 years.
6. Under such circumstances, it would not be possible
for the parties to stay together as husband and wife.
7. Section 13 (1) A of the Hindu Marriage Act states:-
Either party to a marriage, whether solemnised before or after
the commencement of this Act, may also present a petition for
the dissolution of the marriage by a decree of divorce on the
ground
(i) that there has been no resumption of cohabitation
as between the parties to the marriage for a period of one year or
upwards after the passing of a decree for judicial separation in a
proceeding to which they were parties; or
(ii) that there has been no restitution of conjugal rights

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as between the parties to the marriage for a period of [one year
or upwards after the passing of a decree for restitution of
conjugal rights in a proceeding to which they were
parties…………………”
8. In the instant case, the decree of judicial separation
nd
was passed on 2 of May, 2023. No case was made out by either
of the parties that there was resumption of cohabitation after the
decree of judicial separation was passed. Therefore, the
appellant in M.A. No. 383 of 2023 is entitled to get a decree of
dissolution of marriage by divorce.
9. We have independently examined the evidence on
record adduced by the parties and the witnesses on behalf of
them and found without any hesitation that the learned Trial
Judge rightly decreed the suit in favour of the husband. The
husband has proved persistent torture in form of the mental
cruelty by the wife by picking up quarrels, making aspersions of
illicit relationship of the husband with his mother and deserting
the husband without any rhyme or reason continuously for a
long time without his permission. The acts and conduct of the
wife are in gross violation of Section 13 (1) (ia) of the Hindu
Marriage Act.
10. On such grounds, the M. A. No. 383 of 2023 is

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liable to allowed.
11. Similarly, M.A. No. 375 of 2023 is liable to be set
aside.
12. Now comes the question of permanent alimony,
payable by the husband to the wife under Section 25 of the
Hindu Marriage Act. Section 25 of the Hindu Marriage Act runs
thus:-
“25. Permanent alimony and
maintenance.—
(1) Any court exercising jurisdiction
under this Act may, at the time of passing any
decree or at any time subsequent thereto, on
application made to it for the purpose by either
the wife or the husband, as the case may be,
order that the respondent shall pay to the
applicant for her or his maintenance and support
such gross sum or such monthly or periodical
sum for a term not exceeding the life of the
applicant as, having regard to the respondent’s
own income and other property, if any, the
income and other property of the applicant, the
conduct of the parties and other circumstances of
the case, it may seem to the court to be just, and
any such payment may be secured, if necessary,
by a charge on the immovable property of the
respondent.
(2) If the court is satisfied that there is

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a change in the circumstances of either party at
any time after it has made an order under sub-
section (1), it may, at the instance of either party,
vary, modify or rescind any such order in such
manner as the court may deem just.
(3) If the court is satisfied that the
party in whose favour an order has been made
under this section has re-married or, if such party
is the wife, that she has not remained chaste, or,
if such party is the husband, that he has had
sexual intercourse with any woman outside
wedlock, it may at the instance of the other party
vary, modify or rescind any such order in such
manner as the court may deem just.”
13. Section 25 of the Act confers a wide discretion
upon the Court to award permanent alimony and maintenance at
the time of passing any decree or at any time subsequent thereto.
While exercising such jurisdiction, the Court is required to have
due regard to the income and other property of the parties, their
respective financial capacities, their conduct and the other
circumstances of the case. The discretion is neither arbitrary nor
punitive. It is intended to secure a just financial arrangement
consequent upon the disruption of the marital relationship.
14. The expression “other circumstances of the case”
occurring in Section 25 is of wide amplitude. It enables the
Court to take into consideration not merely the disclosed income

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of the parties but also their educational qualifications, earning
capacity, age, health, social background, standard of living
enjoyed during the subsistence of marriage, duration of the
matrimonial relationship, liabilities, obligations and all
subsequent events having a bearing on the financial security of
the spouse claiming maintenance.
15. In Rajnesh v. Neha , reported in (2021) 2 SCC
324 , the Supreme Court undertook an exhaustive survey of the
law governing maintenance under various enactments. While
dealing with the principles applicable to determination of
maintenance, the Court observed that there can be no fixed
mathematical formula for quantifying maintenance. The
determination necessarily depends upon the facts of each case.
The Court emphasised that the income of the parties, their assets
and liabilities, their actual financial capacity, reasonable needs,
standard of living and other attendant circumstances are relevant
considerations and directed filing of affidavits of disclosure to
enable the Court to arrive at a fair determination.
16. The rationale underlying the aforesaid decision is
that an order of maintenance should neither reduce the claimant
to a condition of financial insecurity nor impose an
unreasonable burden upon the person liable to pay. The object is

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to strike a balance between the legitimate needs of one spouse
and the financial capacity of the other so that the order remains
fair to both.
17. The scope of Section 25 also came to be
considered in Kalyan Dey Chowdhury v. Rita Dey Chowdhury
Nee Nandy, reported in (2017) 14 SCC 200. The Supreme Court
reiterated that the jurisdiction under Section 25 is a continuing
jurisdiction and the Court is required to mould the relief having
regard to the financial position of the parties and the changes in
their circumstances. The emphasis, therefore, is not upon rigid
formulae but upon achieving substantive justice in the facts of
the individual case.
18. More recently, in Rakhi Sadhukhan v. Raja
Sadhukhan, reported in 2025 INSC 789 , while examining the
adequacy of permanent alimony awarded by the High Court, the
Supreme Court reiterated that the quantum of permanent
alimony must bear a reasonable nexus with the financial status
of the parties and should be realistic enough to secure the future
financial stability of the claimant spouse. The Court also
recognised that subsequent changes in financial circumstances
are relevant while moulding the relief under Section 25.
19. Keeping the aforesaid principles in view, this

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Court has examined the materials placed on record.
20. The parties have filed affidavits disclosing their
respective assets, income and liabilities. The respondent has also
placed on record materials relating to his employment and
financial status. The appellant has asserted that she has no
independent source of income sufficient to maintain herself in
the standard of life which she enjoyed during the subsistence of
the marriage. The respondent, on the other hand, disputes the
extent of the appellant’s financial dependence and opposes the
claim on the ground that the decree of divorce has rightly been
granted on account of her conduct.
21. The entitlement to permanent alimony, however,
does not stand concluded merely because a decree of divorce
has been granted on the ground of cruelty. Section 25 itself
contemplates that even the spouse against whom a decree has
been passed may, in an appropriate case, be granted permanent
alimony, the conduct of the parties being only one of the several
factors which the Court is required to take into consideration.
The provision does not create an absolute disqualification
against such spouse.
22. Another circumstance which cannot be ignored is
that the respondent has admittedly contracted a second marriage

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after the decree of divorce. While the legality and effect of such
remarriage have been considered separately in the context of
Section 15 of the Act, the subsequent change in the respondent’s
marital status is nevertheless one of the circumstances which
may bear upon the exercise of jurisdiction under Section 25.
Equally relevant are the duration of the marriage, the prolonged
matrimonial litigation between the parties, the absence of
children from the wedlock and the financial disclosures made
before this Court.
23. Having regard to the statutory scheme of Section
25 and the principles enunciated by the Supreme Court, this
Court is of the view that the claim of the appellant for
permanent alimony cannot be rejected as a mere consequence of
affirming the decree of divorce. The claim deserves independent
consideration on the basis of the financial disclosures, the
evidence available on record and the subsequent events brought
to the notice of this Court.
24. In a very recent decision in Rakhi Sadhukhan v.
Raja Sadhukhan reported in 2025 INSC 789 , the Hon’ble
Supreme Court held in Paragraph Nos. 7 and 8 as hereunder:-
“7. Having considered the
submissions and materials on record, we
are of the view that the quantum of

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permanent alimony fixed by the High
Court requires revision. The respondent-
husband’s income, financial disclosures,
and past earnings establish that he is in a
position to pay a higher amount. The
appellant-wife, who has remained
unmarried and is living independently, is
entitled to a level of maintenance that is
reflective of the standard of living she
enjoyed during the marriage and which
reasonably secures her future.
Furthermore, the inflationary cost of
living and her continued reliance on
maintenance as the sole means of
financial support necessitate a
reassessment of the amount.
8. In our considered opinion, a
sum of Rs. 50,000/- per month would be
just, fair and reasonable to ensure
financial stability for the appellant-wife.
This amount shall be subject to an
enhancement of 5% every two years. As
regards the son, now aged 26, we are not
inclined to direct any further mandatory
financial support. However, it is open to
the respondent-husband to voluntarily
assist him with educational or other
reasonable expenses. We clarify that the
son’s right to inheritance remains
unaffected, and any claim to ancestral or

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other property may be pursued in
accordance with law.”
25. In the instant case, at the time of repeated
reconciliation, the parties agreed that the husband shall pay Rs.
20 lakhs as one time settlement in two installments, out of
which 10 lakhs shall be paid in the name of the wife and
remaining 10 lakhs would be paid in the name of their daughter
who is now pursuing her +2 course and taking private coaching
for NEET (Medical Examination). The child of the parties
aspires to be a Doctor in future.
26. The learned Advocate on behalf of the
respondent / wife submits that on the basis of such settlement, a
compromise petition was drafted by the learned Advocate for
the appellant. The respondent wanted to insert a line that
payment of Rs. 10 lakhs will not dis-entitle the child of the
parties to make appropriate application in future regarding
succession of ancestral or self acquired property of her father.
27. However, the learned Advocate for the appellant
did not want to include the said clause in the compromise
petition. Therefore, both the appeals came up before this Court
for disposal in a contested manner.
28. It is needless to say that payment of permanent

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alimony to a wife does not take away the legal rights of the
child from the father’s property. The mother’s alimony and the
child’s inheritance or maintenance rights are treated completely
independent of each other under the Indian Family Law.
29. A child’s right to inherit or seek maintenance from
the father is an independent legal right based on their lineage
even if the wife receives a lump sum permanent alimony
settlement, she cannot bargain away the child’s independent
claim to father’s estate.
30. If father’s property is ancestral, the child acquires
a coparcenary right by birth. This means the father cannot
unilaterally cut the child out of this property, regardless of any
divorce decree.
31. If the property is self earned or purchased directly
by the father, he has the right to dispose of it as he deems fit
during his life time. However, upon his death in tested, the child
remains a legal heir and is entitled a rightful share to that estate.
32. Since the parties agreed during mutual settlement
that the husband would pay a sum of Rs. 20 lakhs in two
installments, he is directed to pay permanent alimony of Rs. 20
lakhs in two installments, first installment of Rs. 10 lakhs shall
be deposited in the Trial Court by demand draft within 15 days

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from the date of this judgement and the second installment of 10
lakhs shall be deposited in the name of his wife within clear two
months thereafter subject to service of notice to the wife.
33. Any claim for maintenance of the child of the
parties is independent of the instant judgement and the daughter
of the parties is entitled to claim maintenance for her studies and
other needs from her father in accordance with law.
34. With the above order, both the appeals are
disposed of.

(Bibek Chaudhuri, J)
Rana Vikram Singh, J: I agree.
(Rana Vikram Singh, J)
uttam/-
AFR/NAFR NAFR
CAV DATE 7-7-2026
Uploading Date 10.7.2026
Transmission Date N/A