Jharkhand High Court Increases Alimony for Divorced Woman to Rs 40 Lakh

The Jharkhand high court has raised the permanent alimony of a 55-year-old divorced woman from Rs 10 lakh to Rs 40 lakh, ruling that the lower amount was inadequate to cover her medical needs, beat inflation, and sustain her for the years ahead.

What was the issue The couple married in 1984 and stopped living together by 1990. Two years later, the wife filed a criminal case against the husband under Section 498A IPC. The matter was settled and the husband began paying her monthly maintenance. In 2019, the husband filed for divorce in the family court on grounds of cruelty and desertion. The family court in Jamtara dissolved the marriage in September 2022 and awarded the wife a one-time alimony of Rs 10 lakh. She appealed, arguing the amount was too little given that her husband worked in the railways and earned more than Rs 81,000 per month, and would retire in August 2026 with retiral benefits of approximately Rs 38 lakh. Both sides agreed during the appeal that there was no chance of reconciliation.

The high court upheld the divorce, describing the marriage as one that had become "lifeless and without emotional or practical value," and held that forcing the parties to remain legally tied would only prolong their suffering.

What the high court said A division bench of Justices Sujit Narayan Prasad and Sanjay Prasad first directed Chittaranjan Locomotive Works to file an affidavit detailing the husband's salary, pension, and retirement benefits. The affidavit revealed that upon retirement, the husband would receive gratuity of Rs 15.27 lakh, leave encashment of Rs 9.25 lakh, commuted pension value of Rs 11.52 lakh, and a monthly pension of Rs 29,300 plus dearness relief — amounting to roughly Rs 48,000 per month post-retirement. After considering these figures, the court turned to the wife's situation. It noted she was 55 years old, had no income, and — taking a life expectancy of 72 years — would need financial support for at least 17 more years, through inflation and rising medical costs. "The appellant-wife has to survive for her livelihood, as well as she has to take care of herself medically due to her growing age," the bench observed. The court relied on a 2021 Supreme Court ruling (Rajnesh v. Neha) which laid down that permanent alimony must strike a balance — enough for the wife to live with dignity, but not so much that it becomes an unfair burden on the husband. Applying these principles, the bench held that the husband's obligation to his wife did not end with the divorce. She was entitled to the standard of life she would have enjoyed had the marriage continued, in keeping with his income and social status. The court raised the permanent alimony to Rs 40 lakh, directing the husband to pay it in four equal instalments within 12 months, with the first instalment due within one month. The wife was also granted the right to approach the court if payments are not made on time.