Husband Wins Divorce On Cruelty Grounds, Yet Ordered To Pay Wife ₹36.25 Lakh Alimony? Patna High Court Explains Why

BIHAR: The Patna High Court upheld a husband's divorce decree on grounds of reciprocal cruelty but directed him to pay his wife ₹36.25 lakh as permanent alimony, despite the Family Court granting him divorce.

The Court held that when both spouses are unwilling to continue their marriage, their conduct may amount to reciprocal mental cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.

The couple married on January 23, 2013, in Patna and had a son in January 2014. Their matrimonial dispute began after their relationship deteriorated and they separated.

The husband filed for divorce on grounds of cruelty and desertion, alleging that his wife had left the matrimonial home, refused to return despite his efforts and behaved disrespectfully towards him and his family.

The wife denied the allegations and claimed that her husband and his family had subjected her to physical and mental harassment. She also alleged that her family had given marriage gifts, including a Maruti Swift car, and that her request for separate accommodation was refused.

On November 29, 2022, the Hajipur Family Court granted divorce to the husband after accepting the grounds of cruelty and desertion. However, the wife challenged the divorce decree before the Patna High Court.

Read Also:- Wife’s Routine Marital Bickering Is Not Cruelty: Madras High Court Dismissed Husband’s Divorce Plea, Says Marriage Needs Patience and Adjustment

During the appeal, the High Court examined whether reconciliation was possible. Both parties expressed unwillingness to resume their marriage. The Court also recorded that the husband had remarried and had a child from his second marriage.

The High Court clarified that irretrievable breakdown of marriage is not an independent statutory ground for divorce under the Hindu Marriage Act. However, the continued unwillingness of both spouses to maintain their marital relationship could be considered while examining reciprocal mental cruelty.

The Court observed:

“On this ground, the marital tie between the parties can be severed on the ground of Section 13(1)(i-a) of the Hindu Marriage Act, 1955.”

The High Court also referred to Sanjib Tarafdar v. Smt. Mausumi Tarafdar while examining the legal principle of reciprocal cruelty in matrimonial disputes.

Despite the divorce, the Court separately examined the wife's claim for permanent alimony. It recorded that the husband earned approximately ₹85,000 per month and considered the parties' financial circumstances.

Relying on the Supreme Court judgment in Rajnesh v. Neha, (2021) 2 SCC 324, the High Court determined permanent alimony of ₹36,25,200, considering the husband's income and the wife's maintenance requirements.

Read Also:- How to Fill the Rajnesh v. Neha Income, Assets and Liabilities Affidavit Without Costly Errors

The husband was directed to pay the amount in two equal instalments of ₹18,12,600 each. The Court also ordered 12% annual interest on any unpaid amount after the prescribed payment deadlines.

Thus, although the husband secured divorce on grounds of cruelty, he remained liable to pay more than ₹36 lakh in permanent alimony.

EXPLANATORY TABLE OF LAWS AND SECTIONS

CASE DETAILS

KEY TAKEAWAYS

• Husband Proves Cruelty, Wins Divorce: Family Court granted him divorce on grounds of cruelty and desertion, ending a failed marriage.
• Divorce Granted, ₹36.25 Lakh Bill Imposed: Despite securing divorce, the husband must pay a massive permanent alimony amount to his wife.
• Reciprocal Cruelty, But Husband Pays: High Court recognised reciprocal mental cruelty, yet the husband faces the substantial financial liability.
• ₹18.12 Lakh Twice, Or Pay Interest: Husband must pay two hefty instalments, with 12% annual interest on overdue amounts.
• Marriage Ends, Financial Burden Doesn't: A man wins his divorce battle but still faces a ₹36.25 lakh obligation