Case at a Glance
The Family Court, Bokaro, dismissed a bank officer's divorce petition. On his appeal, the Jharkhand High Court found that the parties had lived apart for over a decade and the marriage was dead wood. It set aside the Family Court's judgment and dissolved the marriage, while ordering monthly maintenance of ₹40,000 for the wife for life and ₹20,000 for their son until he turns 18, both rising by 5% every two years.
Background
The parties married on 20 June 2009 at Bokaro, and a son was born in 2010. The marriage broke down, with allegations on both sides, and the husband filed for divorce in TMS No. 67 of 2014. On 20 August 2018 the Family Court, Bokaro, dismissed his petition.
The husband, a Chief Manager with the State Bank of India, appealed. The Court assessed his income at about ₹1.75 lakh a month.
The Question Before the Court
Should a marriage separated for over a decade be dissolved, and how should the wife and child be provided for?
Ending the Marriage, Securing the Family
Relying on Durga Prasanna Tripathy v. Arundhati Tripathy, Sujata Uday Patil v. Uday Madhukar Patil and Rani Narasimha Sastry v. Rani Suneela Rani, the Court held that after more than ten years of separation, with no prospect of reunion, the marriage was dead wood and keeping it alive served no purpose. It set aside the Family Court's judgment and dissolved the marriage from the date of its judgment.
On maintenance, the Court applied Kalyan Dey Chowdhury, Vinny Parmvir Parmar, U. Sree, Rajnesh v. Neha and Rakhi Sadhukhan v. Raja Sadhukhan. Considering the husband's income, it ordered ₹40,000 a month to the wife for life and ₹20,000 a month for the son until majority, both increasing by 5% every two years and payable by the 10th of each month from August 2025. The appeal was allowed subject to these payments.
What the Court Held
- After over a decade of separation, the marriage was dead wood.
- The Family Court's judgment was set aside and the marriage dissolved from the date of the judgment.
- The husband must pay ₹40,000 a month to the wife for life and ₹20,000 a month for the son until majority.
- Both amounts rise by 5% every two years, payable by the 10th of each month from August 2025.
Why It Matters
- High Courts are dissolving long-dead marriages on appeal while securing maintenance.
- Inflation-linked monthly alimony is becoming a pattern after Rakhi Sadhukhan.
- A high-earning spouse's income is reflected in substantial support.
For Litigants / For Counsel
For litigants
- Long separation can lead to divorce even where the trial court refused it.
- Ask for periodic increases in monthly support.
For counsel
- Prove the length of separation and the futility of reunion.
- Place the earning spouse's salary details on record.
Key Takeaways
- Divorce granted on appeal.
- ₹40,000 a month for the wife, for life.
- ₹20,000 a month for the son until 18.
- 5% increases every two years.
FAQs
When was the marriage dissolved?
From the date of the High Court's judgment, 1 August 2025.
How long does the son's support last?
Until he attains majority.
Is this a 2026 judgment?
No, it was pronounced on 1 August 2025.
Conclusion
The Jharkhand High Court ended a marriage that had long ceased to function, while tying the dissolution to secure, inflation-linked support for the wife and son.
Practical takeaway: when a marriage is beyond repair, courts look to fair ongoing provision rather than forcing it to continue.