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. 5The 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, 7Both 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, 19During pendency, the wife alleged the husband had remarried, which the husband denied
Source reference: para. 10, 50Issues
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. 222. 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, 68Law 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. 23Alimony 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. 3125% 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, 70Consideration of social needs and capacity to pay (Vinny Parmvir Parmar v. Parmvir Parmar (2011))
Source reference: para. 29The 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. 61Reasoning
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, 49Upon reviewing the financial affidavits, the Court found the husband’s net monthly salary to be ₹2,24,208
Source reference: para. 54, 65The 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. 61-62To 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. 66Applying 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. 68-71The Court balanced the husband's responsibilities toward his aged parents against the wife's total lack of independent income
Source reference: para. 54, 67Holding
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, 77Original Court PDF
DEVYANI KAMAL PRATAP @ DEVYANIvsKAMAL PRATAP
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