Case at a Glance
A retired Tata Steel employee sought divorce from his wife, who had lived apart from him since around 1999–2000. The Family Court dismissed his petition. On appeal, the wife appeared, and both sides accepted that reunion was impossible. The Jharkhand High Court impleaded Tata Steel to confirm his retirement payments, treated the marriage as "dead wood", and fixed ₹50 lakh as one-time permanent alimony, including ₹10 lakh in a fixed deposit for their daughter, setting aside the dismissal subject to payment.
Background
The parties married on 28 April 1998 at the wife's parental home in Chakulia, and a daughter was born in December 1999. The wife left the matrimonial home with the child around 1999–2000, returned for about four months in 2006 and left again. A criminal case under Sections 498A, 406 and 313 IPC and the Dowry Prohibition Act ended in the acquittal of the husband and his family on 24 June 2019. The husband pays ₹8,000 a month as maintenance.
In 2022 the husband filed Original Suit No. 615 of 2022 under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955. The wife did not appear, and on 29 May 2024 the Family Court dismissed the suit. On appeal, the wife appeared; her counsel conceded the long separation but argued that the husband had received over ₹90 lakh in retirement benefits and owned substantial property, so his offer of ₹10 lakh was inadequate.
The Question Before the Court
Should the marriage be dissolved after decades of separation, and what permanent alimony is fair given the husband's retirement benefits?
Dissolution Tied to Fair Provision
The Court noted that the daughter was now an adult who wished to pursue further studies, and that counsel agreed reunion was impossible. It explored settlement through permanent alimony, directing affidavits under Rajnesh v. Neha, and impleaded Tata Steel, whose affidavit confirmed the retirement payments. Relying on Durga Prasanna Tripathy v. Arundhati Tripathy and Sujata Uday Patil v. Uday Madhukar Patil, it held that a marriage with separation of this length was dead wood and that cohabitation could not be compelled.
On alimony under Section 25, the Court applied Kalyan Dey Chowdhury, Vinny Parmvir Parmar, U. Sree and Rakhi Sadhukhan v. Raja Sadhukhan. It weighed the husband's retirement income and liabilities against the wife's and daughter's needs and fixed ₹50 lakh as a lump sum, payable in four equal instalments within 12 months, with ₹10 lakh placed in a fixed deposit in the daughter's name. The Family Court's judgment and decree were set aside subject to final payment, and the daughter's inheritance rights were left unaffected.
What the Court Held
- After more than two decades apart, the marriage was dead wood and reunion impossible.
- The husband's employer was impleaded to confirm retirement benefits.
- Permanent alimony was fixed at ₹50 lakh, payable in four instalments within 12 months, with ₹10 lakh for the daughter in a fixed deposit.
- The Family Court's dismissal was set aside, subject to final payment of alimony; the daughter's inheritance rights are unaffected.
Why It Matters
- Retirement benefits are a key resource for fixing alimony after long marriages.
- Courts can make the end of a marriage conditional on fair financial provision.
- An adult daughter's education can be secured within the alimony order.
For Litigants / For Counsel
For litigants
- If your spouse has retired, ask the court to account for retirement payouts.
- A small offer may be increased substantially if your needs are shown.
For counsel
- Seek impleadment of the employer to verify retirement payments.
- Ask for a portion of alimony to be ring-fenced for children.
Key Takeaways
- The Family Court's dismissal was set aside, subject to payment.
- Alimony fixed at ₹50 lakh.
- ₹10 lakh reserved for the daughter.
- Employer records verified the husband's means.
FAQs
Was a divorce decree expressly granted?
The Court set aside the dismissal "subject to the final payment of alimony"; the operative part does not separately state a divorce decree, so check the drawn-up decree.
Why was Tata Steel made a party?
To confirm the husband's retirement payments.
How is the alimony paid?
In four equal instalments within 12 months, the first within one month.
Conclusion
The Jharkhand High Court recognised that a marriage abandoned for over two decades should end, but only once the wife and daughter were fairly provided for from the husband's retirement funds.
Practical takeaway: in long-dead marriages, the court's real task is fixing a fair financial exit.