The Calcutta High Court has dissolved a marriage following a separation of more than 19 years, ruling that compelling the couple to remain legally married would constitute cruelty to both spouses. In an order issued on August 5, the court overturned a November 2021 trial court decision that had rejected the husband’s petition for divorce, holding that the relationship had broken down beyond repair.
As part of the decree, the high court ordered the husband to pay a lump sum of Rs 10 lakh to the wife as permanent alimony within three months.
Irretrievable Breakdown of Marriage
A division bench comprising Justice Rajasekhar Mantha and Justice Partha Sarathi Sen observed that the couple had been residing separately for nearly two decades despite living in the same building structure. The husband resides on the first floor of his brother’s house, while the wife lives on the ground floor of the same property.
Determining that the matrimonial bond was irretrievably fractured, the bench set aside the lower court’s order and directed the high court registry to issue the divorce decree expeditiously.
Alimony Request Scaled Down Over Suppressed Assets
While the husband had initially offered Rs 7 lakh as permanent alimony and the wife had demanded Rs 40 lakh, the court settled the final amount at Rs 10 lakh.
The bench declined to grant the wife’s demand for Rs 40 lakh after finding that she had concealed material financial information in her affidavit of assets. Although her affidavit disclosed ownership of approximately 200 square metres of agricultural land, she omitted details regarding her salary and bank accounts. An experience certificate produced during proceedings established that she earns around Rs 39,000 per month. Consequently, the court stated it could not rely on her submitted financial disclosures.
Financial Capabilities and Family Provisions
In assessing the financial positions of both parties, the court noted that the husband is employed as a craft instructor drawing a monthly salary of about Rs 1.16 lakh. The wife, employed as a private school teacher, earns approximately Rs 39,000 per month and will be entitled to provident fund benefits upon retirement, along with potential pension benefits under the National Pension System.
The court also recorded details regarding the couple’s 25-year-old daughter, who has completed her MBBS degree and is currently completing an internship with a monthly stipend of around Rs 30,000. The husband provided a formal undertaking to cover all future expenses related to her higher education, should she choose to pursue further studies, as well as her wedding expenses.
