Manipur HC Slams Meagre Alimony As Inadequate | Enhances Payout To Rs 5 Lakh | Says Court Must Do Complete Justice For Wife And Minor Daughter
Sanchayita Lahkar
The High Court of Manipur Division Bench of Chief Justice D. Krishnakumar and Justice A. Guneshwar Sharma partially allowed an appeal challenging the quantum of permanent alimony awarded by the Family Court, Manipur. The Bench held that the previously awarded amount of Rs. 2,00,000/- was insufficient and directed enhancement to Rs. 5,00,000/-, taking into consideration the financial needs of the wife and the minor daughter. The Court upheld the decree of divorce and directed that a part of the enhanced alimony be earmarked for the daughter as a fixed deposit.
The appeal was filed under Section 19(1) of the Family Courts Act, 1984 by the appellant/wife, who was defendant No.1 in Mat. (Divorce) Suit No. 68 of 2015. The appeal sought to challenge the order dated 06-07-2019 of the Family Court, Manipur, which dissolved the marriage and directed the husband to pay permanent alimony of Rs. 2,00,000/-. The appellant further sought enhancement of the alimony to 25% of the monthly income of the respondent or a lump sum amount of Rs. 30,00,000/-.
The appellant was married to the respondent on 03-02-2014. Following the marriage, they cohabited as husband and wife. The respondent, employed as a Sepoy with the 4 Assam Regiment and posted at 56 APO, Lucknow Cantonment since 2013, returned to duty on 09-03-2014 and remained there for three months. In July 2014, he brought the appellant to his place of posting, where they lived together until April 2015.
The dispute began when the respondent, while using the appellant's phone due to issues with his own, found records of extended calls with an unsaved number. Subsequent inquiries revealed the number belonged to one Salam Suresh Singh, identified as the second respondent in the suit. The respondent recalled that the appellant had mentioned a prior relationship with Suresh Singh before marriage.
The respondent and appellant returned to their home on 09-04-2015. A confrontation occurred the next day, during which the respondent discussed the appellant's alleged extramarital communication with his parents. On 11-04-2015, both families visited Suresh Singh's residence to resolve the matter through elders. However, on 14-04-2015, the appellant reportedly objected to any legal action against Suresh Singh and left the matrimonial home without further communication.
Attempts by the respondent's parents to retrieve the appellant on 14-04-2015 and 15-04-2015 were unsuccessful. The appellant and her parents refused to return to the matrimonial home. During these interactions, the appellant allegedly compared Suresh Singh favourably to the respondent.
The respondent filed Mat. (Divorce) Suit No. 68 of 2015 citing cruelty as grounds for divorce under Section 13(1) (ia) of the Hindu Marriage Act, 1955. The Family Court, by order dated 06-07-2019, allowed the petition, dissolving the marriage and granting Rs. 2,00,000/- as permanent alimony.
The Family Court framed the following issues:
- Whether the defendant treated the plaintiff with cruelty, or vice versa?
- Whether there was a cause of action for the suit?
- Whether the defendant was entitled to permanent alimony, and if so, the amount?
- Whether the plaintiff was entitled to the reliefs claimed?
The Court held that there was contributory cruelty from both parties. The permanent alimony was fixed at Rs. 2,00,000/- to be paid within 8 months.
The appellant, dissatisfied with the amount, filed the present appeal, asserting that relevant evidence was not considered and the financial needs of the minor daughter were ignored. During arguments, the appellant gave up her challenge against the decree of divorce and pursued only the prayer for enhanced alimony.
The respondent contended that he was unable to pay any additional amount, citing financial liabilities. His salary was contested by both parties: while his affidavit dated 09-10-2024 stated Rs. 45,331/-, the appellant's rejoinder dated 27-01-2021 included a salary certificate indicating Rs. 55,519/-.
The High Court considered the appeal limited to the issue of permanent alimony and examined the findings of the Family Court.
"On perusal of the judgment passed by learned Family Court, Manipur, it is seen that a sum of Rs.2 lakh has been awarded as permanent alimony in favour of the wife while passing a decree of divorce on the basis of contributory cruelty from both sides."
"In determining this amount, the court below has failed to consider adequate compensation for the minor daughter who is living with her mother."
The Bench took judicial notice of the salary-related affidavits:
"As per the deposition of the husband and also as recorded in the impugned order, the husband monthly salary is Rs. 33,000/- to Rs.35,000/-."
"Principal Respondent/husband filed an additional affidavit dated 09-10-2024 before this Court showing his income and liabilities indicating that his monthly income is Rs.45,331/-."
"The wife has also filed a copy of the salary certificate of the husband before this Court in her rejoinder affidavit dated 27-01-2021 that her husband has monthly salary of Rs.55,519/-."
"It will be safe to presume that the principal respondent used to receive at least a sum of Rs.55,000/- as his monthly salary in the year 2021."
Considering the financial position and needs of the appellant and her daughter, the Bench concluded:
"This Court is of the view that the amount of Rs.2 lakh is not adequate and the court below has not considered the need and requirement of the minor daughter."
"This figure has been fixed on conservative basis considering the income of the husband, the expenses for his family and the need of the wife and her minor daughter."
The High Court issued the following directions:
"This Court is of the view that it will do complete justice if the permanent alimony amount is enhanced to a sum of Rs. 5,00,000/- (Rupees five lakh) from the original amount of Rs.2,00,000/- (Rupees two lakhs) as awarded by learned Family Court, Manipur."
"From the case record, it is seen that the principal respondent/husband has already deposited as sum of Rs.2,00,000/- before learned Family Court, Manipur as directed by this Court."
"Accordingly, the principal respondent/husband is directed to deposit the additional sum of Rs.3,00,000/- (Rupees three lakh) before learned Family Court, Manipur towards permanent alimony within a period of two months from the date of this judgment, failing which the same shall carry an interest @ 9% per annum till date of actual deposit."
"The appellant is permitted to withdraw the amount of alimony and out of the said amount a sum of Rs.50,000/- shall be earmarked as fixed deposit in favour of the minor daughter till she attains age of majority."
"However, the decree of divorce is upheld on admission by the appellant. With the above directions and observations, the appeal is partly allowed. No cost."
"Registry is directed to prepare appellate decree."
Advocates Representing the Parties
For the Appellant: Mr. R.K. Milan, Advocate
For the Respondents: Mr. Ch. Anthony, Mr. Leo Rommel, Advocates
Case Title: Phijam (n) Khwairakpam (o) Babina Devi v. Khwairakpam Ragesh Singh & Anr.
Case Number: Mat. App No. 9 of 2019
Bench: Chief Justice D. Krishnakumar, Justice A. Guneshwar Sharma
[Read/Download order]
