Hindu Marriage Act, 1955
Sections 13 & 25—Permanent alimony—Quantum of—High Court granted decree of divorce and awarded a sum of rupees thirty lakhs as permanent alimony to the appellant-wife—Appeal—Parties have been residing separately for last more than thirteen years and relationship has become deeply embittered and acrimonious over the years—Continuing the marital tie would serve neither the spouses nor their child; rather, it would only prolong hostility and impede their ability to move forward with dignity—Marriage has broken down beyond repair, and that dissolution is in the interest of justice and in the welfare of all concerned—Respondent is a serving judicial officer holding a responsible public position and is, therefore, under a heightened obligation to ensure fair, adequate, and dignified financial security for his wife and daughter—Appellant, who is presently not engaged in legal practice, is entitled to maintain a standard of living broadly commensurate with what she enjoyed during the subsistence of the marriage—Child, now seventeen years of age and soon to pursue higher education, will also require continued financial support and stability—Having regard to the income, status, and future prospects of the respondent, and to ensure that the appellant is placed in a position of reasonable financial independence, the amount of permanent alimony awarded by the High Court requires enhancement—Sum of rupees thirty lakhs awarded by the High Court is enhanced to rupees fifty lakhs only.
[Paras 8 & 9]