Jharkhand High Court Enhances Alimony to Rs 50 Lakh in Landmark Fraud Case
The Jharkhand High Court has made a significant ruling by increasing the alimony amount for a wife from Rs 30 lakh to Rs 50 lakh, following a case where the husband failed to disclose a prior live-in relationship. This decision underscores the court's stance on marital fraud and financial obligations in Hindu marriages.
Court's Rationale for Alimony Hike
A bench comprising Justices Sujit Narayan Prasad and Gautam Kumar Choudhary presided over cross-appeals from an estranged couple. The court emphasized that an able-bodied husband is presumed capable of earning enough to support his wife and children, dismissing claims of unemployment or insufficient income as excuses to evade responsibility.
In its order dated January 22, the bench noted that the husband's concealment of his live-in relationship constituted fraud under Section 12(1)(C) of the Hindu Marriage Act, 1955, which allows for marriage annulment when consent is obtained through deceit. The court affirmed the family court's earlier decision to annul the marriage, citing cruelty and torture faced by the wife.
Key Legal Observations and Financial Assessment
The Jharkhand High Court highlighted several critical points in its judgment:
- The husband must provide evidence if he claims inability to maintain his family, with failure to disclose income leading to adverse inferences.
- Despite the wife being a qualified advocate and potentially self-sufficient, the court considered her current dependence on her father and the need for financial security.
- No fixed formula exists for alimony; factors like social status, husband's capacity, and other obligations must be weighed.
- The husband earns approximately Rs 1.56 lakh per month with minimal liabilities, justifying a higher alimony payout.
The court deemed a one-time settlement of Rs 50 lakh as just and equitable, to be paid in five monthly instalments from February to June 2026, ensuring the wife's future stability.
Background of the Matrimonial Dispute
The couple married on December 2, 2015, under Hindu rites. The wife alleged that her family transferred cash, jewellery, and valuables at the husband's insistence. Shortly after marriage, she discovered the hidden live-in relationship and faced demands for additional dowry, leading to harassment and her expulsion from the matrimonial home by March 2, 2016.
In 2016, she filed for annulment in the Garhwa family court, citing fraud and seeking alimony and return of stridhan. The husband's failure to appear resulted in ex parte proceedings, with the court annulling the marriage and awarding Rs 30 lakh alimony on February 16, 2017. Both parties appealed this decision, with the wife arguing for higher alimony and the husband contesting the proceedings and his financial capacity.
Arguments Presented in Court
Advocate Ashish Gautam, representing the wife, argued that the concealment of the live-in relationship deprived her of conjugal happiness and led to demands for Rs 15 lakh in cash, accompanied by physical and mental torture. He criticized the family court for not properly assessing the husband's income in setting alimony.
Opposing this, Advocate Pankaj Srivastava contended that the family court's judgment was flawed, citing improper service of summons and baseless allegations. However, the high court upheld the annulment and enhanced alimony, reinforcing the principle that marriage under Hindu law is a sacrament, not merely a contract.
This ruling highlights the judiciary's commitment to protecting spouses from fraud and ensuring fair financial settlements in matrimonial disputes, setting a precedent for similar cases in India.
