Best Divorce lawyer in East Delhi

The Supreme Court’s decision in Parvin Kumar Jain vs Anju Jain (2024) has set a remarkable precedent in determining permanent alimony following the irretrievable breakdown of marriage. This case sheds light on the nuances of Sections 24 and 26 of the Hindu Marriage Act, 1955, emphasizing the equitable treatment of both parties in marital disputes. The Court’s balanced approach to ensuring a fair standard of living for the dependent spouse highlights the significance of understanding maintenance and alimony laws. 

Facts of the Case

Marriage and Separation:

Parvin Kumar Jain (Appellant) and Anju Jain (Respondent) were married on December 13, 1998, and had a child born on May 28, 2001. However, due to irreconcilable differences, they began living separately in January 2004. The child stayed with the Respondent.

Divorce Petition and Maintenance Claims:

The Appellant filed for divorce on the grounds of cruelty, while the Respondent sought pendente lite maintenance under Section 24 of the Hindu Marriage Act (HMA).

Family Court’s Maintenance Orders:

The Family Court initially awarded Rs. 18,000 per month as maintenance to the Respondent in 2004, which was later increased to Rs. 20,000 per month by the High Court in 2005.

Enhancement Claims and Voluntary Payments:

In 2009, the Respondent sought a significant enhancement in maintenance, requesting Rs. 1,45,000 per month. Although the Appellant voluntarily raised the maintenance to Rs. 65,000 per month by 2015, disputes continued over further enhancements.

Family Court and High Court Decisions:

The Family Court enhanced maintenance significantly in 2018, which was upheld by the Delhi High Court. The Appellant’s challenge regarding jurisdiction under Sections 24 and 26 of the HMA was dismissed, emphasizing that these provisions are independent of divorce proceedings.

Supreme Court Appeal:

The Appellant challenged the High Court’s decision in the Supreme Court, focusing on the quantum of alimony and the jurisdictional aspects of the case.

Judgment and Impact

On 10th December 2024, the Supreme Court directed the Appellant to pay Rs. 5 Crores as permanent alimony to the wife and Rs. 1 Crore for the son’s financial security. The Court acknowledged the irretrievable breakdown of the marriage, emphasizing the need for a dignified standard of living for the wife while avoiding undue financial strain on the husband. 

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Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi

+91 85957 22509

Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi

+91 85957 22509

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