The Jharkhand High Court has upheld a Family Court decree dissolving a marriage on grounds of cruelty and irretrievable breakdown, while also fixing monthly maintenance for the estranged wife and their minor daughter. The court held that the marriage had turned into a “dead wood relationship” and continuing it would serve no purpose.
Background of the Case
The case arose from a matrimonial dispute between Sushma Devi and Raj Kumar Prasad, who were married in November 2008. The couple lived together in Dhanbad and had a daughter from the wedlock.
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According to the husband, marital relations deteriorated over time due to frequent disputes and alleged cruelty. He claimed that the wife left the matrimonial home in 2014 along with their daughter and later initiated multiple legal proceedings against him.
In 2021, the husband filed a divorce petition under Section 13(1)(i-a) of the Hindu Marriage Act, seeking dissolution of marriage on grounds of cruelty. The Family Court allowed the plea in April 2023, leading the wife to approach the Jharkhand High Court in appeal.
Proceedings Before the High Court
During the hearing, the wife argued that the husband had contracted a second marriage and there was no chance of reconciliation. She also sought adequate financial support for herself and their minor daughter.
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The husband admitted that he had remarried and had a child from the second marriage. He placed his salary details before the court, stating that he was serving as a constable in the Border Security Force with a monthly income of around ₹86,000.
The Bench noted that mediation efforts had failed earlier and that the marriage had long ceased to function in reality.
Court’s Observations
The Division Bench observed that forcing parties to continue in a marriage that had lost all emotional and practical substance would only prolong suffering.
“The relationship has become a dead wood marriage. There is no emotional or practical purpose left to be served by continuing it,” the court noted.
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Relying on Supreme Court precedents, the Bench reiterated that in cases where a marriage has irretrievably broken down, courts can lawfully grant divorce and proceed to decide permanent alimony.
The court also emphasized that while granting maintenance, factors such as income, lifestyle, responsibilities, and the welfare of the child must be carefully weighed.
Decision on Maintenance
After examining the husband’s income, liabilities, and family responsibilities, the court fixed the following monthly maintenance:
- ₹25,000 per month to the wife as permanent alimony
- ₹10,000 per month for the minor daughter towards education and upbringing
The court directed that the amount be paid by the 10th of every month and clarified that the child’s share would continue until she attains majority. The maintenance amount will also increase by 5% every two years.
The Bench made it clear that the father remains duty-bound to support his child irrespective of the divorce.
“The welfare of the child cannot be compromised due to matrimonial discord,” the court observed.
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Final Verdict
Upholding the Family Court’s divorce decree, the Jharkhand High Court dismissed the appeal and confirmed the dissolution of marriage. It also ordered monthly maintenance totaling ₹35,000, ensuring financial security for the wife and daughter.
With these directions, the appeal was disposed of.
Case Title: Sushma Devi v. Raj Kumar Prasad
Case No.: F.A. No. 324 of 2023
Decision Date: 7 January 2026
