The Jharkhand High Court has significantly raised the monthly alimony for a woman and her autistic son to ₹90,000, citing the husband’s actual income discovered through an RTI. The bench, comprising Justice Sujit Narayan Prasad and Justice Rajesh Kumar, found that the earlier alimony amount set by the family court did not align with the husband’s financial capacity or the child’s special needs.
The couple, married in July 2010, had a son in November 2012. According to the wife, her husband was abusive, demanded dowry, and eventually deserted her shortly after their son's birth. She alleged mental and physical harassment and stated that the child, suffering from autism, required constant care and therapy, making her unable to pursue full-time employment.
Initially, the family court had granted a permanent alimony of ₹12 lakhs to the wife and ₹8,000/month for the son. Dissatisfied, the wife challenged the order in the High Court, submitting that the husband's salary at JP Morgan in Mumbai was approximately ₹2.31 lakhs/month, and that her son’s medical and educational needs cost over ₹50,000/month.
“It is quite impossible for a mother to engage herself in a permanent job whose son is suffering from autism… requiring 24x7 care,” the Court noted, dismissing the husband’s claim of the wife being self-sufficient.
The High Court also emphasized that autism, while incurable, necessitates continuous and expensive treatment. This includes occupational therapy, speech therapy, and special schooling.
“Autism is an incurable disease... for which huge expenditure, on regular basis, is required by getting better treatment... and in addition thereto, the special schooling,” the bench observed.
After evaluating the financial details submitted, including an RTI response showing the husband's annual income as ₹27.74 lakhs, the Court held the earlier maintenance inadequate.
“This Court thought it proper that a sum of ₹50,000 per month would be just, fair, and reasonable for sustenance of the appellant-wife,” it said.
“Further, ₹40,000 per month would be proper to ensure financial stability of the son for livelihood, sustenance, treatment, and study.”
The Court further directed that this combined monthly alimony of ₹90,000 would be subject to a 5% increase every two years, considering inflation and rising costs. Additionally, it instructed that in case of non-payment, the wife is authorized to approach the husband’s employer directly for deduction at source.
“If such non-disbursement is reported, the amount shall directly be transmitted to the account of the appellant-wife,” the Court ordered.
Case Title: X vs. Y
Case No.: First Appeal No. 141 of 2023