The Jharkhand High Court upheld a divorce decree, terming the marriage “dead wood” due to prolonged separation and the husband’s second marriage. The Court directed a BSF constable to pay ₹35,000 per month as maintenance to his wife and minor daughter.
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RANCHI: The Jharkhand High Court has affirmed a decree of divorce granted in favour of a husband, holding that the marriage had become a “dead wood marriage” owing to prolonged separation and the husband’s subsequent remarriage. While upholding the dissolution of marriage, the Court directed the respondent-husband, a Border Security Force (BSF) constable, to pay ₹35,000 per month as maintenance to his first wife and minor daughter, with a 5% enhancement every two years.
The Division Bench comprising Justice Sujit Narayan Prasad and Justice Arun Kumar Rai passed the order while disposing of First Appeal No. 324 of 2023, filed by the wife challenging the judgment of the Family Court, Dhanbad.
The parties were married on 23 November 2008 according to Hindu rites. A daughter was born from the wedlock. The husband filed Original Suit No. 839 of 2021 under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, seeking divorce on the ground of cruelty.
He alleged that the wife behaved in an abusive and intemperate manner, left the matrimonial home in September 2014 without consent, and subsequently initiated multiple criminal and maintenance proceedings against him.
The Family Court decreed the suit on 18 April 2023, noting that the wife was debarred from filing a written statement and had not led any evidence. Aggrieved, the wife approached the High Court.
During the hearing, counsel for the appellant-wife submitted that circumstances had materially changed as the respondent-husband had entered into a relationship with another woman, making cohabitation impossible. The primary issue pressed was the quantum of alimony, especially considering that the minor daughter was residing with the mother.
The respondent-husband filed an affidavit disclosing that he had solemnized a second marriage and had a son from the said wedlock. He stated that he was employed as a Constable in the BSF, drawing a gross monthly salary of ₹86,706, and that he also bore responsibilities towards his ailing father, separated sister, and second family.
The Bench observed that the marital relationship had irretrievably broken down and had lost all emotional and practical value.
“The marital relation between the parties has become lifeless and without emotional or practical value… no purpose will be served in sailing the dead wood,”
the Court observed.
Relying on Supreme Court precedents, including Durga Prasanna Tripathy v. Arundhati Tripathy (2005), the Court held that forcing parties to continue such a marriage would only prolong suffering. Consequently, the Family Court’s decree of divorce was affirmed.
While determining permanent alimony under Section 25 of the Hindu Marriage Act, the Court relied upon the principles laid down by the Supreme Court in Rajnesh v. Neha (2021) and the recent decision in Rakhi Sadhukhan v. Raja Sadhukhan (2025 SCC OnLine SC 1259).
Taking into account the husband’s salary, statutory obligations, and the welfare of the minor child, the Court directed:
- ₹25,000 per month as permanent alimony to the wife
- ₹10,000 per month towards the maintenance, education, and future needs of the minor daughter
The total maintenance of ₹35,000 per month shall be paid by the 10th of every month, with an increase of 5% every two years.
The maintenance for the daughter shall continue until she attains majority, after which the amount shall be credited directly to her bank account.
The High Court dismissed the appeal and upheld the divorce decree passed by the Family Court, Dhanbad, while issuing detailed directions on permanent alimony and child maintenance.
Case Title:
Sushma Devi vs. Raj Kumar Prasad
F.A. No. 324 of 2023
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