The Karnataka High Court has disposed of an appeal filed by a husband challenging the family court's order granting permanent alimony to his wife, upholding the dissolution of marriage on grounds of cruelty while substantially reducing the alimony amount from Rs 2 crore to Rs 50 lakh. A Division Bench comprising Justice D K Singh and Justice H Shanthi Bhushan delivered the judgment, modifying the earlier award made by the Mangaluru Family Court.
The Bench observed that permanent alimony is not intended to equalise the assets or wealth of the parties but to ensure that the wife can maintain herself with reasonable dignity in accordance with the circumstances of the case. The court noted that the wife, a qualified medical professional employed and possessing an independent source of income and financial assets, was in a position to support herself, which was a relevant factor in determining the quantum of alimony.
Considering the wife's financial status, independent income, and assets, the Court deemed it just and proper to award permanent alimony of Rs 50 lakh, stating that the earlier award of Rs 2 crore was on the higher side. The amount is to be paid within three months.
The Court further clarified that while determining the quantum of permanent alimony, it is required to take into account the income, assets, liabilities, and continuing financial commitments of the husband. It emphasized that a higher income of the husband cannot, by itself, justify a disproportionate lump sum award. The amount must bear a reasonable relationship to the actual needs of the wife and the paying capacity of the husband, without placing an unreasonable financial burden upon him.
In arriving at the reduced figure, the Court took into account the husband's substantial expenditure of Rs 84 lakh in UK litigation, his outstanding financial commitments, and his responsibilities toward the children and aged parents. The husband was earning approximately Rs 70 lakh per annum, while the wife was earning Rs 1.22 lakh net per month, as per the family court's findings.
The marriage, solemnised in 2011, had seen the couple shift to the United Kingdom, where two daughters were born. The wife had sought divorce on grounds of cruelty, alleging controlling behaviour, obstruction of her professional career and higher education, frequent quarrels, physical assault on several occasions, abusive behaviour toward her and her parents, hostility during pregnancies, and prevention of contact with her parental family. She also alleged that the husband repeatedly claimed she suffered from mental illness without medical evidence and cited the removal of her deceased father's photograph from the matrimonial home as part of the pattern of conduct.
The husband denied allegations of physical assault and prevention of her professional pursuits. He had filed a counterclaim under Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights.
The Mangaluru Family Court had allowed the wife's petition, dissolved the marriage, dismissed the husband's counterclaim with costs, and awarded Rs 2 crore as permanent alimony, along with Rs 25,000 per month for the maintenance of the two minor children, with an enhancement of Rs 5,000 every two years.
The High Court, while upholding the dissolution of marriage and the dismissal of the counterclaim, revised the permanent alimony downward to Rs 50 lakh, in line with its reasoning that such awards must reflect reasonableness and proportionality rather than wealth equalisation. The Bench concluded that the modified award adequately addresses the wife's reasonable maintenance needs without imposing an undue burden on the husband, given his financial liabilities and obligations.