Susmita Prasad Vs Raju Prasad (Jharkhand High Court)
Jharkhand High Court enhanced the amount of permanent alimony by directing to pay a sum of Rs. 50,000 per month to wife who has no other source of income and Rs. 40,000 per month to son who is suffering from Autism.
Facts- The instant appeal u/s. 19(1) of the Family Court Act, 1984 is directed against part of order/judgment dated 31.03.2023 and decree dated 12.04.2023, whereby and where under Additional Principal Judge while allowing the suit which has been preferred for dissolution of marriage, has directed the respondent-husband to pay permanent alimony to the tune of Rs. 12 lacs to the appellant-wife and if any amount already paid to the appellant-wife that was directed to be adjusted from the amount of permanent alimony so awarded. It has further been held that this order of permanent alimony will not affect the order regarding payment of Rs. 8000/- per month to the son namely Ishan Aryan Prasad @ Maruti.
Conclusion- Held that this Court thought it proper that a sum of Rs. 50,000/- [fifty thousand] per month would be just, fair and reasonable, for sustenance of the appellant-wife, who has no other source of income rather has to engage herself in taking care of the son who is suffering from “Autism” and born out of wedlock of respondent-husband and appellant-wife herein. Further, a sum of Rs. 40,000/-per month would be proper to ensure financial stability of the son, and for livelihood, sustenance, treatment and study. Both the permanent alimony awarded to the appellant-wife and son would be subject to enhancement of 5% on every two years, taking into consideration the inflation etc.
