Hc grants wife home, alimony after 12 years

HC grants wife home, alimony after 12 years

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After a 12-year-long legal battle, the Bombay High Court, in a land mark decision, directed a man to provide accommodation for his wife and Rs 10 lakh as permanent alimony with 12 per cent interest since 1999. The order also said that if the husband did not provide accommodation of not less than 1 BHK within three months, the alimony would be upped to Rs 15 lakh.

The wife had allegedly been barred from entering her matrimonial home since 1998. In order to avoid paying maintenance, the husband also tried to show that he was suffering heavy losses in his business and that property belonging to him was mortgaged to the bank.

A division bench of Justice A M Khanwilkar and Justice R Y Ganoo observed that, “In view of the fact that the husband has failed and neglected to maintain his wife; and, in fact, has deserted and abandoned her, the wife is entitled to a suitable residential accommodation of her own choice, where she can stay.”

Sucheta (39) of Dhayari and Kamalakant (41) of Erandwane, (names changed to protect identity) married on February 8, 1993. They have no children. Kamalakant is in the transportation and hotel business, while Sucheta is a housewife.

In her complaint, Sucheta alleged that her husband sent her back to her parent’s house due to certain difference between them and would not allow her to return and live with him. In 1998, she filed a petition for restitution of conjugal rights following which Kamalakant filed a cross petition for a decree of divorce. However, the court gave its order in Sucheta’s favour and rejected Kamalakant’s petition in 2000.

Speaking to Pune Mirror, Sucheta said, “Even after this order, he did not permit me to return to my matrimonial house. I had no income of my own, and was dependent on my father. He is retired and I became an additional burden on him. I moved the Pune family court on May 29, 2001 again. This time, I demanded maintenance and the court granted me Rs 7,000 per month as maintenance. However, the cheques my husband sent me kept bouncing.”

In 2002, Kamalakant once again filed for divorce in the family court. The court refused him the divorce saying that ‘he had taken advantage of his own wrongdoing.’ Neither did it grant Sucheta the alimony she demanded. Both of them then moved the High Court.

The HC granted Sucheta’s plea for accommodation and permanent alimony after taking into consideration that she was dependent her parents, and that her husband was financially sound enough to meet her demands. Kamalakant opposed her pleas saying that his business was running into heavy losses. He also asserted that his marriage has irretrievably broken down, and there are no chances of reaching a settlement.

The court also considered the fact that Kamalakant owns two hotels in Mahabaleshwar and Sarasbaug and operates his family transport business, earning over Rs 1.5 lakh per month.