Jharkhand High CourtFamily LawReligious and Personal Law

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

DEVYANI KAMAL PRATAP @ DEVYANIv.KAMAL PRATAP

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 Court. LawLens
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In brief

The question

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

The court held

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

It also directed

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

01Facts

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

¶ 4(i)

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

¶ 4(ii)-(v)

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

¶ 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

¶ 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

¶ 2, 3, 16, 19

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

¶ 10, 50

02Issues

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

¶ 22

ii.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?

¶ 30, 68

03Law 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

¶ 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)

¶ 31

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

¶ 27, 70

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

¶ 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))

¶ 61

Provisions in the judgment · 7 · Linked ones open on LawLens

Code of Criminal Procedure, 1973 Section 125

Family Courts Act, 1984 Section 19

Hindu Marriage Act, 1955 Section 13Section 24Section 25

Limitation Act, 1963 Section 5

Special Marriage Act, 1954 Section 27

04Reasoning

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

¶ 45, 49

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

¶ 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

¶ 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

¶ 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

¶ 68-71

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

¶ 54, 67

05Holding

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

¶ 71

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

¶ 73, 76, 77
Jharkhand High Court

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DEVYANI KAMAL PRATAP @ DEVYANIvsKAMAL PRATAP

Jharkhand High Court · May 12, 2026

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