The Gauhati High Court has overturned a decision by a trial court that had awarded a wife a permanent alimony of Rs 10 lakh, citing her admission of having an extramarital affair. The court emphasized that, without a formal application from the wife requesting this financial support, her conduct does not warrant the trial court’s unilateral decision to grant alimony in a case of mutual divorce.
Justice Mridul Kumar Kalita reviewed the husband’s appeal against the trial court’s ruling, which mandated the alimony payment based on the overall circumstances and the future prospects of the wife. The court stated, “The wife has acknowledged her involvement in an illicit relationship, and this behavior, in our view, does not support the trial court’s decision to grant alimony on its own initiative, especially considering that both parties had previously agreed not to seek permanent alimony in their mutual divorce.” This statement was made on May 29.
The ruling further noted that neither party had submitted a request for alimony; rather, the mutual divorce petition clearly stated that neither would seek interim maintenance or permanent alimony. Both parties reaffirmed this position during their joint testimony submitted to the trial court during the divorce proceedings.
The husband’s appeal, filed under Section 28 of the Hindu Marriage Act, contests the trial court’s order requiring him to pay Rs 10 lakh as permanent alimony.
The couple, who married in 1996 according to Hindu customs, lived together and had two children: a 21-year-old son and a 16-year-old daughter at the time of the appeal. In 2021, the wife initiated legal action against the husband under the Protection of Women from Domestic Violence Act, 2005, which was ongoing in the Judicial Magistrate First Class’s court. However, in 2022, she sought to withdraw this case, citing an agreement with her husband to dissolve their marriage through a mutual divorce application under Section 13B of the Hindu Marriage Act.
The couple’s relationship had deteriorated to a point where they found it impossible to remain married, prompting them to submit a joint petition for a divorce by mutual consent. Despite this, the trial court ordered the husband to pay Rs 10 lakh as permanent alimony at the time of their divorce.
Jagriti Rai, a journalist for The Indian Express, focuses on the intersection of law, gender, and society. She works on a specialized legal desk, translating complex legal concepts into accessible narratives and examining how judicial and legislative changes influence citizens’ rights and lives.
With a strong socio-legal background, Jagriti provides a human-centered perspective on contemporary social issues. Her reporting highlights the effects of legal developments on gender rights and marginalized communities. With over four years of experience in both digital and mainstream media, she has honed a versatile reporting style, having worked at prominent platforms like The Lallantop and Dainik Bhaskar, gaining insights into the diverse information needs of the Indian public.
Jagriti holds a Post-Graduate degree in Journalism from the Indian Institute of Mass Communication (IIMC), India’s leading media training institution, and a Master of Arts in Ancient History from Banaras Hindu University (BHU), equipping her with the historical context necessary for analyzing social and legal changes.
