Gaurav Bhatia (Techical Leader) 26 August 2019

Permanent alimony - while divorce appeal is pending

Hi Sir,

Brief Summary:

** Acquitted in 498a case in 2016

** Appeal against acquittal gets dimissed by the session court in 2018.

** My divorce appeal was pending in high court and I am paying regular monthly maintenece as directed by the court in CrPc125 case since 2013 and alraedy paid around 20 Lacs till now.

Now, My divorce case is come to the final hearing for the argument on merits but my wife filed Permenet Alimony U/s HMA 25 and she wants to get divorce by paying permanent alimony of Amount 30Lacs/- (One Time) to her instead of monthly allowance.

Can high court forced me to give her permanent alimony of 30 Lacs while grating divorce to me ?

But I wants divorce on merrits (Crurelty) as already paid 20 Lacs till now in form if monthly allowance and not in the position to get divorce by paying amount 30 Lacs as lump sum.

Would request to please guide me what I need to do in this situiation.

Thanks

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3 Replies

Adv Deepak Joshi +917017821512 (Advocate) 26 August 2019

You may contest on your case on merits.

Rohit Krishan Naagpal (Advocate) 26 August 2019

In the decision reported in (2013) 2 SCC-114 U. Sree Vs. U.Srinivas , the Hon'ble Apex Court have stated the broad principles to fix the amount for permanet alimony in the following words:-

"xxx xxx xxx As a decree is passed, the wife is entitled to permanent alimony for her sustenance. Be it stated, while granting permanent alimony, no arithmetic formula can be adopted as there cannot be mathematical exactitude.

It shall depend upon the status of the parties, their respective social needs, the financial capacity of the husband and other obligations.
In Vinny Parmvir Parmar v. Parmvir Parmar, while dealing with the concept of permanent alimony, this court has observed that while granting permanent alimony, the Court is required to take note of the fact that the amount of maintenance fixed for the wife should be such as she can live in reasonable comfort considering her status and the mode of life she was used to when she lived with her husband. At the same time, the amount so fixed cannot be excessive or affect the living condition of the other party."
In your case admittedly no document is filed to show the income of the wife and thus she is unable to maintain herself;
further you the Husband, does not show that he was unable to earn.
let us presume that you have no other liability then considering the fact that the husband-respondent is an able bodied educated man and has sufficient interest on the joint family immoveable properties, court may be persuaded to arrive at a conclusion that you can spare towards his estranged wife as Appellant-wife needs security however meagre may be and provision qua the status would be a determining factor for permanent alimony.
A visible source of financial security as subsistence would be the income from the fixed deposit interest. Balancing the entitlement and capacity, regards being had to the status of the parties, court will fix the quantum of permanent alimony.
In view of the above it can safely inferred that court will fix alimony on basis of the above seeing your facts circumstances as put forth in evidence.

Regards

Rohit K. Naagpal

Gaurav Bhatia (Techical Leader) 27 August 2019

Thanks for the response sir.

But the question here, Can HC grants permanent alimony (Monthly or LumpSum Payment) to wife at the time of divorce while husband already paying monthly allowance Amount Rs 25000/- to wife and minor son ?

Can HC forced husband to give the permanent alimony (One Time Payment) while he is already paying monthly alowance and continue to pay till she remarries ?

Please help.