Courts May Not Look At Pay Package Of Parties Alone For Determining Alimony: Allahabad High Court

Recently, the Allahabad High Court has held that pay package alone must not be considered for determining the alimony to be awarded. Other circumstances like the duration of marriage, period of separation, remarriage of parties and further financial responsibilities must also be considered while determining the alimony amount.

The bench comprising Justice Saumitra Dayal Singh and Justice Donadi Ramesh held,

“While money may always short to fulfill all human needs, the Courts may not look at the pay package of the parties alone to determine the amount of alimony that would be awarded.”

Parties got married in 1993 and had a daughter in 1994. The parties had been living separately since 1994. In 1995, appellant-wife and daughter had been awarded Rs. 500 as maintenance under Section 125 Cr.P.C. In 2000, the maintenance amount was revised to Rs. 1000. In compromise proceedings, an order was passed in 2011 where it was recorded that Rs. 25000 had been paid to the appellant and Rs. 13000 would be paid by the respondent-husband the next day.

Since the divorce had been granted and had been upheld by the High Court in 1999, the Principal Judge, Family Court, Kanpur Nagar passed an order awarding a lump sum alimony of Rs. 1,40,000 with a deduction of Rs. 38,000 (amount already paid during compromise). The wife challenged this order of the Family Court before the High Court.

The Court observed that the wife was a private tuition teacher whereas the husband was a clerk at District Court. It was observed that the respondent-husband had remarried and had 3 children from the second marriage and was also responsible for taking care of his siblings who needed special care.

Noting that the parties had lived together for a very short duration and the husband had remarried and had other financial responsibilities, the Court held that the alimony awarded by the Family Court was not to be interfered with.

Case Title: Smt.Kiran Gupta And Another v. Shree Ramji Gupta [FIRST APPEAL No. - 34 of 2009]

Click Here To Read/Download Order