The Jharkhand High Court has ordered a police constable to pay Rs 30 lakh in permanent alimony to his divorced wife, ruling that a husband’s legal obligation to maintain his spouse cannot be reduced or dismissed simply because she resides with her parents or receives assistance from them.
A division bench comprising Justice Sujit Narayan Prasad and Justice Sanjay Prasad issued the ruling in a July 20 order, holding that maintenance calculations must be rooted in an objective evaluation of the husband’s earning capacity rather than assumptions. The court emphasized that financial support is meant to ensure a deserted or divorced woman can secure independent living quarters, meet daily expenses, and maintain her dignity without financial helplessness.
Alimony Calculated on Long-Term Life Expectancy
In fixing the lump-sum settlement at Rs 30 lakh, the high court considered the wife’s age of 28 and an average female life expectancy in India of approximately 70 years, calculating alimony requirements across a 42-year period. The bench noted that while the husband has other liabilities and personal survival needs, he remains responsible for supporting his former spouse at a standard of living comparable to what she experienced during their marriage.
The court observed a stark income disparity between the parties. The wife has no independent earnings and assists her mother at a roadside vegetable stall, whereas the husband serves as a police constable drawing a gross monthly salary of Rs 66,097.
Guidelines for Determining Earnings and Financial Support
Addressing disputes over financial capacity, the high court held that establishing a spouse’s actual or estimated income is the essential first step before dividing funds among dependents. In cases where official documentation like salary slips or tax filings is present, the court relies on recorded earnings. In cases where an individual fails to reveal income or claims unemployment, courts must make a reasonable estimate based on educational qualifications, employment history, bank statements, and lifestyle.
The bench added that judicial determination of alimony must balance the accounts of both parties pragmatically and ground outcomes in both evidence and social realities.
Background and Case Timeline
The couple married on February 12, 2017, in Latehar, Jharkhand, according to Oraon tribal customs. Following marital discord, the husband filed for divorce in the Latehar family court on July 23, 2021, alleging cruelty and desertion under the Hindu Marriage Act. The family court granted the divorce decree on November 22, 2022, which the wife subsequently appealed before the high court.
During the appeal process, the husband remarried on January 11, 2025, ruling out any possibility of reconciliation. Both parties then agreed not to contest the divorce decree on its merits and requested the high court to adjudicate exclusively on the issue of permanent alimony.
