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Patna High Court Decision on Dissolution of Marriage on Grounds of Irretrievable Breakdown and Determination of Permanent Alimony

19-10-2025

Introduction

Case Title: Alok Kumar v. Smt. Anupama Singh, Miscellaneous Appeal No. 996 of 2018, decided by the Patna High Court on 14 October 2025.
In Alok Kumar v. Smt. Anupama Singh, the appellant-husband challenged the judgment of the Family Court, Muzaffarpur, which dismissed his petition for divorce filed under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, on the grounds of cruelty and desertion. The appellant, a Merchant Navy officer, alleged that the respondent-wife behaved abusively, refused cohabitation, and deserted him without cause since 2011. The respondent denied the allegations, asserting that she was subjected to dowry demands, cruelty, and harassment by her in-laws and was forcefully expelled from the matrimonial home.

After examining the evidence and submissions, the Patna High Court observed that the marriage had irretrievably broken down, and compelling the parties to remain married would be unjust. The Court set aside the Family Court’s decree and granted a divorce, dissolving the marriage solemnized on 02 December 2010.

Regarding permanent alimony, the Court relied on precedents including Rajnesh v. Neha [(2021) 2 SCC 324], Kiran Jyot Maini v. Anish Pramod Patel [2024 SCC OnLine SC 1724], and Pravin Kumar Jain v. Anju Jain [2024 SCC OnLine SC 3678], determining ₹90,00,000 as a fair permanent alimony payable within six months, failing which interest at 6% p.a. would apply. The appeal was thus allowed.

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