Hindu Marriage Act, 1955
Section 13(1)(ia)—Grant of decree of divorce by the Family Court in favour of husband—Appeal—It is submitted by the wife that the husband is having illicit relationship with one lady and now there is no possibility to live together—When a marriage is deemed a dead wood situation, courts may consider it a valid reason to grant a divorce, recognizing that forcing a couple to remain in such a relationship only prolongs their suffering and no purpose will be served in sailing the dead wood—On the basis of submission advanced on behalf of appellant-wife that there is no possibility to live together as also the fact that the respondent-husband has solemnized second marriage with another lady and out of their wedlock one boy has born—Order passed by the Family Court granting divorce warrants no interference.
[Paras 19, 23 & 26]
Section 25—Permanent alimony—Quantum—One minor female child taken birth from the wedlock is living with the appellant-wife—Gross salary of respondent-husband as per salary slip is Rs. 86,706/- per month—Apex Court in Rakhi Sadhukhan vs Raja Sadhukhan, 2025 SCC Online SC 1259 has awarded 30% of salary to the wife—Fact that respondent-husband has solemnized second marriage and out of that wedlock one male child has born—Grant of Rs. 25,000 per month to the wife and Rs. 10,000 per month to the daughter would be proper—Awarded amount will be enhanced to the extent of 5% every two years.
[Paras 55 to 63]