The Jharkhand High Court enhanced a woman’s permanent alimony from Rs.40 lakh to Rs.70 lakh to ensure stronger financial security after divorce. It stressed that a “wife has right to live with dignity and reasonable comfort, not financial helplessness.”
In a landmark ruling aimed at strengthening the financial security of divorced women, the Jharkhand High Court increased a woman’s one-time permanent alimony from Rs 40 lakh to Rs 70 lakh.
A Division Bench comprising Justices Sujit Narayan Prasad and Sanjay Prasad held that matrimonial maintenance is meant to ensure a wife can live with reasonable comfort and cannot be pushed into financial helplessness after the breakdown of the marriage.
The May 12 order was issued while the High Court heard cross-appeals filed by both the husband and the wife.
Both parties had challenged an August 2024 family court order that dissolved their marriage and granted the initial Rs 40 lakh alimony.
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The High Court observed that a lump-sum payment of Rs 70 lakh is just, fair, and reasonable for the wife’s sustenance, noting that she has no independent source of income.
The court stated that the revised amount balances the financial capacity of the husband with the legitimate entitlement of the wife to secure [her] future.
Rejecting the argument that the wife could depend on her birth family, the Bench noted that denying or reducing maintenance on the assumption that parents can support her effectively undermines the very purpose of the law of maintenance.
It added that adequate maintenance is crucial for a deserted or destitute spouse to arrange independent accommodation and meet everyday expenses.
To determine the Rs 70 lakh figure, the court used a forward-looking calculation based on life expectancy. It noted that the wife is currently 32 years old and computed her likely financial needs for the next 38 years, using India’s average female life expectancy of around 70 years.
Because she must rely solely on this capital and the returns it generates, the court held that the amount must protect her against inflation and help preserve the standard of living she experienced during the marriage.
The Bench clarified that although no arithmetic formula can be adopted for permanent alimony, courts must assess relevant factors closely, including:
- the social status and needs of both spouses;
- the financial capacity and obligations of the husband; and
- the educational and professional backgrounds of both parties.
The court further explained that if a husband attempts to conceal his true income or claims unemployment, the assessment must be made fairly using indicators such as lifestyle evidence, bank transactions, and educational qualifications.
It also emphasized that even if a wife earns a modest amount, this cannot be the sole basis to deny her maintenance.
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The High Court ordered the husband to pay the Rs 70 lakh in four instalments over 12 months, with the first instalment due within two months of the order.
The dispute arose from a marriage solemnized in November 2019 under Hindu rites. Shortly after the wedding, the couple moved to Pune, where the husband worked as a senior software engineer. Their relationship soon deteriorated amid allegations made by both sides, eventually leading to a divorce.
The husband claimed that from January 2020, his wife subjected him to mental harassment and filed false accusations involving alleged relationships with colleagues. He also stated that he suffered clinical depression and trauma due to threats from his wife and mother-in-law to falsely implicate him in dowry and sexual harassment cases, which led him to leave the marital home.
In contrast, the wife alleged that her husband was involved in an adulterous relationship with a married woman in Pune and that he tried to force her into involvement with that woman’s husband. She further described him as being of loose character, alleging he had physical relationships with multiple women, and claimed he attempted to kill her causing her severe physical and mental distress.
The husband filed for divorce in 2023 on grounds of cruelty, and the family court issued a divorce decree in 2024.
During the High Court proceedings, advocate Sumir Prasad, appearing for the wife, argued that the Rs 40 lakh amount was insufficient. He submitted that the wife, now aged 33–34, has no employment, her father is deceased, and she survives with her widowed mother in a hand-to-mouth situation.
He also claimed that the husband had already remarried and had not paid any maintenance or alimony since the trial court’s decision.
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On the other hand, advocate Ranjan Kumar Singh submitted that the appeal was filed because the original Rs 40 lakh alimony was allegedly excessive. He argued that the husband earns Rs 2.24 lakh per month, lives in rented accommodation in Pune, faces high expenses, and is responsible for supporting his aging parents therefore he could not set aside significant savings.
After considering the submissions, the High Court concluded that the husband’s stable income was sufficient to support the enhanced alimony, emphasizing the wife’s right to live with dignity and reasonable comfort.