Patna: The Patna High Court has granted a divorce to a Christian woman and set aside a previous family court ruling that had dismissed her petition after applying the wrong legal statute. Along with dissolving the marriage, the bench directed the husband to pay Rs 50 lakh as permanent alimony within a period of three months.
A division bench consisting of Justices Bibek Chaudhuri and Rana Vikram Singh delivered the order, allowing the woman's appeal against the earlier family court decision and ruling that she was legally entitled to a dissolution of marriage on the grounds of desertion.
The couple had been married in January 2010 according to Christian customs, but separated in March of the same year. During the proceedings, the woman alleged cruelty and claimed her husband maintained an illicit relationship with a domestic help, though the High Court noted she failed to substantiate the allegation of adultery.
In its judgment, the High Court strongly criticized the trial court for mistakenly applying the Indian Christian Marriage Act of 1872 instead of the Divorce Act of 1869, which is the governing legislation for Christian divorces in India. The bench expressed astonishment that a judicial officer of the rank of Additional Principal Judge would issue a ruling without verifying the proper statute, characterizing the error as sheer negligence rather than mere ignorance.
Consequently, the bench set aside the lower court judgment that had dismissed the matrimonial case under the inapplicable 1872 Act. Turning to the matter of permanent alimony, the High Court evaluated the husband's declared income, rental earnings, and property assets.
Noting that the wife lacked an independent source of income, relied on her parental family for support, and required financial security for her living expenses, the court ordered the husband to disburse the Rs 50 lakh lump sum within three months. The court specified that upon this payment, the husband's obligation to provide monthly maintenance would end and all pending matrimonial disputes between the parties would be closed.