Jharkhand High Court

Determination of permanent alimony based on husband's net salary, life expectancy, and wife's lack of independent income.

DEVYANI KAMAL PRATAP @ DEVYANI vs KAMAL PRATAP

Jharkhand High CourtJUDGMENT: May 12, 20263 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The parties were married on 28.11.2019 and subsequently resided in Pune, where the husband worked as a Senior Software Engineer

Source reference: para. 4(i)

The husband filed for divorce alleging mental cruelty and refusal of conjugal rights

Source reference: para. 4(ii)-(v)

The wife filed a written statement alleging the husband’s adultery and physical abuse

Source reference: para. 5

The Family Court, Latehar, in Original Suit No. 54 of 2023, granted a decree of divorce on the ground of cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, and directed the husband to pay ₹40,00,000 as permanent alimony

Source reference: para. 1, 7

Both parties appealed: the wife seeking an enhancement of alimony due to the husband's high salary and her lack of income, and the husband seeking a reduction, claiming the amount was arbitrary and excessive

Source reference: para. 2, 3, 16, 19

During pendency, the wife alleged the husband had remarried, which the husband denied

Source reference: para. 10, 50
02

Issues

1. Whether the quantum of permanent alimony awarded by the Family Court was just and reasonable based on the financial status of the parties?

Source reference: para. 22

2. Whether the court should apply a specific mathematical formula or a holistic assessment of lifestyle and life expectancy to determine alimony under Section 25 of the Hindu Marriage Act?

Source reference: para. 30, 68
03

Law Applied

Section 25 of the Hindu Marriage Act, 1955, which empowers courts to grant permanent alimony based on the respondent's income, property, and the conduct of the parties

Source reference: para. 23

Alimony should prevent destitution and maintain the standard of living the spouse was accustomed to, without being oppressive, as established in Rajnesh v. Neha (2021)

Source reference: para. 31

25% of the husband's net salary is a reasonable benchmark for maintenance, following Kalyan Dey Chowdhury v. Rita Dey Chowdhury (2017)

Source reference: para. 27, 70

Consideration of social needs and capacity to pay (Vinny Parmvir Parmar v. Parmvir Parmar (2011))

Source reference: para. 29

The financial status of the wife's parents is irrelevant to the husband's obligation to maintain her (Manish Jain v. Akanksha Jain (2017))

Source reference: para. 61
04

Reasoning

The Court observed that the marriage irretrievably broke down after four years and the primary dispute remained the quantum of alimony

Source reference: para. 45, 49

Upon reviewing the financial affidavits, the Court found the husband’s net monthly salary to be ₹2,24,208

Source reference: para. 54, 65

The Court rejected the husband's argument that the wife could inherit from her parents, stating that maintenance is a marital right independent of parental wealth

Source reference: para. 61-62

To determine the amount, the Court assessed the wife's age (32) and average life expectancy (70), concluding she needed financial security for approximately 38 years

Source reference: para. 66

Applying the benchmark of ~25% of net income and adjusting for inflation and the "lump sum" nature of the payment, the Court found the original ₹40 Lakhs insufficient to sustain the lifestyle the wife would have enjoyed given the husband's professional status

Source reference: para. 68-71

The Court balanced the husband's responsibilities toward his aged parents against the wife's total lack of independent income

Source reference: para. 54, 67
05

Holding

The High Court held that a sum of ₹70,00,000 is just and fair as one-time permanent alimony

The Court partially allowed the wife's appeal (F.A. No. 247 of 2024) and dismissed the husband's appeal (F.A. No. 05 of 2025) regarding the reduction of alimony. The husband was directed to pay the ₹70 Lakhs in four installments within 12 months, with the first installment due within two months of the order. The trial court’s decree dated 06.09.2024 was modified solely to the extent of the alimony quantum

Source reference: para. 73, 76, 77
Jharkhand High Court

Original Court PDF

DEVYANI KAMAL PRATAP @ DEVYANIvsKAMAL PRATAP

Jharkhand High Court · May 12, 2026

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