Jharkhand High Court

Lump sum permanent alimony must ensure reasonable comfort and financial security commensurate with the husband's status.

SANDHYA KUMARI vs MITHILESH KUMAR

Jharkhand High CourtJUDGMENT: May 12, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The parties were married on April 30, 2021

Source reference: para. 55

In 2023, the respondent-husband filed for divorce under Section 13(1)(i-a) and (i-b) of the Hindu Marriage Act, 1955, alleging cruelty and desertion

Source reference: para. 2

The Family Court, Dhanbad, proceeded ex parte and granted the decree of divorce on January 4, 2024

Source reference: para. 1, 4

During the pendency of the appeal, the parties attempted mediation, which partially succeeded regarding the return of gifted articles but failed on the quantum of permanent alimony

Source reference: para. 15, 31

The appellant sought ₹30,00,000, asserting the husband had remarried, while the husband, a civil court employee earning approximately ₹57,634 per month, offered ₹10,00,000

Source reference: para. 18, 20, 30, 60
02

Issues

1. Whether the marriage is to be dissolved on the ground of cruelty and desertion?

Source reference: para. 6

2. What would be the just and fair quantum of permanent alimony to meet the needs of the appellant-wife based on the husband's income and social status?

Source reference: para. 32
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. 33

Vinny Parmvir Parmar v. Parmvir Parmar, establishing that alimony should enable the wife to live in reasonable comfort commensurate with her matrimonial status

Source reference: para. 39

Rajnesh v. Neha, which dictates that maintenance should prevent destitution without becoming oppressive for the husband

Source reference: para. 41

Kalyan Dey Chowdhury v. Rita Dey Chowdhury, noting that 25% of the husband's net salary is a reasonable benchmark for alimony

Source reference: para. 37, 74
04

Reasoning

The Court noted that since the husband had allegedly remarried and the wife agreed to the dissolution subject to alimony, the primary focus shifted to the quantum of settlement under Section 25

Source reference: para. 27, 31

The Court assessed the husband's financial capacity, noting his stable career as a civil court employee with a monthly salary of ₹57,634

Source reference: para. 60

The 23-year-old appellant has no independent source of income and a life expectancy of approximately 47 more years

Source reference: para. 70

Applying a pragmatic calculation, the Court observed that even a modest monthly requirement of ₹4,500 over her remaining life expectancy would total approximately ₹25,00,000

Source reference: para. 70

The Court reasoned that alimony must account for future inflation and the high cost of living while ensuring the wife is not reduced to penury, balancing the husband's "free income" against the wife’s total lack of sustenance

Source reference: para. 61, 71-75
05

Holding

The High Court affirmed the decree of divorce but modified the terms of the settlement, ordering the respondent-husband to pay a lump sum of ₹25,00,000 (Rupees Twenty-Five Lakhs) as permanent alimony

This amount is to be paid in four equal installments over 12 months, with the first installment due within two months of the order; the appeal was disposed of with liberty to the wife to approach the court if payments are not credited

Source reference: para. 76, 77, 80
Jharkhand High Court

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SANDHYA KUMARIvsMITHILESH KUMAR

Jharkhand High Court · May 12, 2026

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