Wife With No Independent Income Gets ₹10 Lakh Permanent Alimony As Odisha HC Infers Husband Suppressed Income Despite Claiming Dependence On Father’s Pension

The husband obtained a decree of divorce under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, on the ground of cruelty; the wife’s petition for restitution of conjugal rights was dismissed.

In the appeal, the wife abandoned her challenge to the divorce decree and confined the appeal to permanent alimony.

She sought ₹15 lakh, while the husband offered ₹5 lakh.

The record showed that the wife had no independent income; the husband had previously been employed with a gross monthly salary of approximately ₹30,000, had resigned in 2024, and continued to pay instalments on a financed car.

The husband deposited ₹5 lakh pursuant to an interim direction.

Section 25 of the Hindu Marriage Act, 1955, empowers a court, when passing any decree under the Act or at any time subsequent to it, to grant permanent alimony or maintenance, having regard to the respondent’s income and property, the parties’ conduct, and other circumstances of the case.

The power is not confined to the court that initially passed the decree; an appellate court exercising jurisdiction under Section 28 may itself grant permanent alimony where the record permits determination without further proceedings.

The Court treated the alimony question as the sole issue because the wife had abandoned her challenge to the divorce decree.

It found no evidence that the wife had sufficient independent income, while the husband’s prior employment, continuing car-loan payments, and offer to pay ₹5 lakh undermined his assertion that he had no independent income and was wholly dependent on his father’s pension.

Considering the available record and the parties’ circumstances, the Court held that remitting the matter for a separate application would unnecessarily prolong the litigation and that it could determine the amount in the appeal.

Any ₹5 lakh already deposited was to be adjusted against that award, with the balance payable within the same period; the wife could apply to the Registrar (Judicial) for disbursement of the deposited amount.

The appeal was disposed of with no order as to costs.