The Allahabad High Court through its judgment dated October 13, 2023 granted divorce to a man living separately from his wife for more than 10-years. While cruelty by wife has been established, the High Court has ordered the man to pay up alimony to a tune of Rs 1 crore.
Case:
Parties got married in 2002 & have ongoing cases since 2014.
Both spouses had filed multiple cases against each other, including false case of Section 498-A IPC by wife. Husband had been acquitted from false 498A case.
Both spouses went ahead and accused each other of being in a relationship outside marriage.
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Allahabad High Court:
While granting divorce to the husband, Justices Saumitra Dayal Singh and Arun Kumar Singh Deshwal of the Allahabad High Court observed:
While the husband had not explicitly proven cruelty in their day-to-day life, the wife’s actions, including filing false criminal cases and continuous legal disputes, constituted cruelty.
The High Court further added:
In the present case, both the parties have levelled allegation against each other for not maintaining the sanctity of marriage and their involvement in relationship outside of marriage and they have been living separately for more than ten years and number of complaints including the criminal complaints have been filed by the respondent against the appellant and every effort has been made to harass and torture him.
Appellant had also filed a case against the respondent. Even, at this stage, respondent is not ready for any conciliation with the appellant.
Concluding the matter, the HC said:
From the analysis and evaluation of the entire evidence, while the respondent may not be claiming cruelty suffered by her, yet she may not thrust that fate on the appellant.
To him cruelty remains available and established as a ground to seek dissolution of the marriage. That cruelty stands established. Also, it is clear that the marriage between the parties had broken down irretrievably, and there is no chance of their living together, again.
The Allahabad High Court granted divorce to husband on grounds of Cruelty & Irretrievable Breakdown In Marriage.
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Alimony Granted:
Despite false cases by wife being proven, the Allahabad High Court ordered husband to pay Rs 1 Crore alimony to wife within 3-months, failing which he will incur 6% interest for default from the date of judgment till final payment. The Court ordered:
Considering the facts and circumstances of the case, this Court, while dissolving the marriage between the parties, also directs the appellant to pay Rs.1,00,00,000/- (One Crore) to the respondent towards permanent alimony within three months, considering the financial condition of the appellant that he is having several immovable properties worth crore of ruppees and having ITR for F.Y. 2021-22 of about 2 crores.
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Voice For Men India Take:
- If alimony is awarded to wives, despite false criminal cases being proven, this is like aiding legal extortion of men through courts
- There is no deterrent whatsoever, for disgruntled and estranged wives to file false cases against husbands and their in-laws
- In the end, alimony is rewarded whatever may be the outcome of the case
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READ ORDER | Allahabad High Court Dissolves Marriage Instructing Husband To Pay Rs One Crore As Alimony Despite False #498A Case By Wife
— Voice For Men India (@voiceformenind) October 19, 2023
▪️"While the husband had not explicitly proven cruelty in their day-to-day life, the wife's actions, including filing false criminal cases… pic.twitter.com/qk3Yi2J6LM
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