Other circumstances should also be considered while deciding alimony: High Court | News India

Prayagraj, August 22 (HS). The Allahabad High Court held that only the salary package of the parties should not be considered to determine the alimony. Other circumstances such as the duration of marriage, period of separation, remarriage of the parties and further financial responsibilities should also be considered while determining the alimony amount.

A division bench of Justice Saumitra Dayal Singh and Justice Donadi Ramesh said, “Money can always fall short to meet all human needs. The court cannot look only at the salary package of the parties to determine the amount of alimony.” The High Court gave this order while refusing to interfere with the alimony order passed by the Family Court in the case of Kiran Gupta and others vs Ramji Gupta.

As per the case, the parties got married in 1993 and had a daughter in 1994. The parties were living separately since 1994. In 1995, Rs 500 was awarded to the appellant wife and daughter as maintenance under Section 125 CrPC. In the year 2000, the amount of maintenance was revised to Rs 1000. In the compromise proceedings, an order was passed in 2011, wherein it was recorded that Rs 25,000 was paid to the wife and Rs 13,000 would be paid by the respondent husband on the next day.

Divorce of both was granted and it was upheld by the High Court in 1999. Therefore, the Principal Judge Family Court, Kanpur Nagar passed an order for lump sum maintenance of Rs. 1,40,000 with deduction of Rs. 38,000 (amount already paid during settlement). The wife challenged this order of the Family Court in the High Court. The court found that the wife was a private tuition teacher while the husband was a clerk in the District Court. It was found that the respondent husband had married for the second time. He has 3 children from the second marriage and he was also responsible for the care of his siblings who needed special care.

Considering that the parties had lived together for a very short time and the husband had remarried. He had other financial responsibilities. The court held that the alimony awarded by the Family Court should not be interfered with.