Shobha Kanwar vs Narpat Singh (2026:Rj-Jd:14919-Db) on 1 April, 2026

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    Rajasthan High Court – Jodhpur

    Shobha Kanwar vs Narpat Singh (2026:Rj-Jd:14919-Db) on 1 April, 2026

    Author: Yogendra Kumar Purohit

    Bench: Yogendra Kumar Purohit

    [2026:RJ-JD:9372-DB]
    
          HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                               JODHPUR
                D.B. Civil Misc. Appeal No. 3388/2025
    
    Shobha Kanwar W/o Narpat Singh, Aged About 43 Years, D/o
    Dunger Singh Residing At 3 P 37, kudi Bhagtasni, Housing
    Board, Jodhpur.
                                                                         ----Appellant
                                          Versus
    Narpat Singh S/o Shri Mohan Singh, Resident Of Morkha, Tehsil
    Desuri, District Pali, At Present Residing Behind Bangar
    Government Hospital, Government Quarter, Pali.
                                                                       ----Respondent
                                    Connected With
                    D.B. Civil Misc. Appeal No. 3601/2025
    Dr. Narpat Singh S/o Late Sh. Mohan Singh, Aged About 54
    Years, R/o Morkha Tehsil Desuri District Pali Opposite Bangur
    Hospital Quarters At Present Residing At 05 Ashirwad Township
    Khairva Road Pali Husband
                                                                         ----Appellant
                                          Versus
    Smt. Shobha Kunwar W/o Dr Narpat Singh, Aged About 53
    Years, D/o Shri Dungar Singh R/o 8 T 66 Gokuldham Society
    Kudi Bhagtasni Housing Board Jodhpur Raj. Wife
                                                                       ----Respondent
    
    
    For Appellant(s)            :     Mr. Nitin Trivedi
    For Respondent(s)           :     Mr. Yogesh Sharma
                                      Mr. Deepesh Birla
    
    
    
                  HON'BLE MR. JUSTICE ARUN MONGA

    HON’BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

    Judgment

    SPONSORED

    Judgment Reserved On : 19/02/2026
    Judgment Pronounced On : 01/04/2026
    By the Court (Per: Arun Monga, J)

    1. By this common judgment and order, the present two cross-

    appeals are being adjudicated together, as both arise from the

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    same judgment and decree dated 29.08.2025 passed by the

    learned Family Court, Jodhpur. By the said judgment, the marriage

    between the parties was dissolved, and the husband was directed

    to pay permanent alimony of ₹25,00,000/- to the wife.

    2. The wife has challenged the quantum of alimony on the

    ground that it is grossly inadequate, whereas the husband, by way

    of a cross-appeal, has assailed the same as being excessive.

    Dissolution of marriage is not under challenge by either side. The

    wife, in her appeal, seeks enhancement of the permanent alimony

    to at least ₹2 crore, having regard to the financial status of the

    husband as asserted by her. In this common order parties are

    being addressed as per the memo of parties filed by the wife.

    FACTUAL NARRATIVE

    3. The brief facts, as emerging from the record, are that the

    marriage between the parties was solemnized on 23.04.1994 at

    Marwar Junction in accordance with Hindu rites and customs.

    Irreconcilable differences arose leading to the appellant/wife, Smt.

    Shobha Kanwar, instituting a petition under Section 13 of the

    Hindu Marriage Act on 02.03.2015 against the respondent-

    husband, Narpat Singh. Out of the wedlock, two sons, Govind

    Singh and Himanshu Singh, were born, who are now adults.

    3.1. It is the case of the appellant that at the time of marriage,

    her parental family provided gifts, household articles, and

    streedhan, including gold and silver ornaments, beyond their

    financial capacity. These articles, according to her, remain in the

    possession of the respondent and his family. It is further alleged

    that the respondent and his family were dissatisfied with the

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    dowry and subjected her to taunts and harassment on that

    account.

    3.2. The appellant has further averred that after the year 2003,

    the demands of the respondent and his family escalated, along

    with the intensity of harassment. In 2004, the respondent, along

    with his parents and younger brother, allegedly conspired to

    compel her to persuade her father to sell his residential house at

    Marwar Junction as well as agricultural land, and to hand over the

    sale proceeds to finance the business ventures of the respondent’s

    brothers. Upon her refusal, she was allegedly subjected to severe

    harassment and hostility, and despite repeated efforts at

    reconciliation, the respondent and his family remained adamant in

    their demands.

    3.3. It is further alleged that in 2009, proceedings under Sections

    107 and 116 CrPC were initiated before the SDO, Pali, against the

    respondent and his family. However, no effective action was taken,

    allegedly on account of the respondent’s position as a medical

    officer.

    3.4. The appellant has also relied upon photographs to

    substantiate allegations of physical assault. During the said

    proceedings, it is alleged that the respondent forcibly took away

    their minor son, Himanshu Singh.

    3.5. The appellant has specifically alleged that on 01.05.2009,

    she was physically assaulted by the respondent at the government

    quarters, resulting in injuries, and was threatened with death and

    forcibly driven out of the matrimonial home along with the

    children. She thereafter obtained medical treatment and an injury

    report. Since that date, the respondent has allegedly neither

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    maintained nor cared for her and the children. Efforts at

    reconciliation failed, as the respondent allegedly insisted upon

    transfer of her father’s house and sale of agricultural land as a

    precondition for her return.

    3.6. It is further the case of the appellant that since 01.05.2009,

    she has been deprived of matrimonial consortium without

    reasonable cause, and the respondent has refused to resume

    cohabitation despite repeated efforts at settlement.

    3.7. The appellant also initiated proceedings under the Protection

    of Women from Domestic Violence, Act before the Judicial

    Magistrate, Marwar Junction, wherein interim maintenance of

    ₹12,000/- per month was granted by order dated 14.11.2013. It is

    alleged that the respondent, aggrieved by these proceedings,

    issued threats to kidnap the children, cause grievous harm, and

    even kill her if she did not withdraw the cases.

    3.8. Further, in September 2014, when the appellant was

    travelling to Jodhpur, the respondent, along with his family

    members, allegedly intercepted and threatened her, leading to the

    lodging of an FIR under Sections 498A, 406, 323, and 120B IPC,

    which remains under investigation.

    3.9. The appellant has stated that she has no independent source

    of income. She is pursuing a Ph.D., which involves substantial

    expenses, and is undergoing legal training in Jodhpur without any

    regular or stable earnings. She asserts that she alone is bearing

    the educational and daily expenses of both children.

    3.10. With regard to the financial status of the respondent, it is

    alleged that he is employed as a Medical Officer at Bangad

    Hospital, Pali, drawing a monthly salary of ₹90,000/-. In addition,

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    he is stated to be earning ₹50,000/- per month through private

    practice, ₹50,000/- per month from conducting RTO-related

    medical examinations, and ₹1,00,000/- per month from a medical

    agency in Jaipur, thereby totaling an approximate monthly income

    of ₹2,90,000/-.

    3.11. On these grounds, the appellant asserts that she has been

    subjected to continuous physical and mental cruelty and has been

    deserted without reasonable cause. She, therefore, seeks

    dissolution of marriage and claims permanent alimony of

    ₹80,00,000/- under Section 25 of the Hindu Marriage Act.

    4. In response, the respondent, in his written statement, has

    admitted the factum of marriage and the birth of two children but

    has denied all other allegations, contending that the petition is

    based on false and fabricated facts. He has specifically denied any

    demand for dowry or receipt of excessive gifts or streedhan.

    4.1. The respondent has asserted that it was the appellant who

    deserted him in May 2009, compelling him to file a petition under

    Section 9 of the Hindu Marriage Act for restitution of conjugal

    rights. He has stated that on 25.05.2009, while he was at the

    hospital, the appellant, allegedly at the instigation of her father,

    left the matrimonial home with the children and household

    articles, prompting him to lodge a missing report at Police Station

    Kotwali, Pali. He further claims that the remaining articles were

    subsequently returned during investigation, and no streedhan

    remains with him.

    4.2. The respondent has further averred that the appellant is a

    qualified advocate who has made false allegations. He denies any

    acts of cruelty, conspiracy, or dowry demands and states that after

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    marriage, she stayed only briefly in his ancestral village, as he

    was pursuing MBBS in Jodhpur at the time. He asserts that he

    maintained her properly and bore all expenses, including those

    related to childbirth.

    4.3. It is also alleged by the respondent that the appellant

    neglected household responsibilities, interfered in family matters

    through her parents, prevented him from attending family

    functions, and used to take his entire salary. He claims that she

    pressured him to live as a “ghar jamai” and voluntarily left the

    matrimonial home on 25.05.2009.

    4.4 The respondent further submits that he made efforts to bring

    her back from Marwar Junction, but she refused to return, and

    thereafter misused legal provisions after a lapse of five years. He

    maintains that he is still willing to resume matrimonial relations.

    4.5. It is also stated that pursuant to mediation proceedings

    before the Rajasthan High Court on 30.03.2015, he has been

    paying maintenance and bearing educational expenses of the elder

    son, as reflected in orders dated 16.04.2015 and 25.05.2015.

    4.6. The respondent has denied the allegations regarding

    additional sources of income, including private practice, RTO

    examinations, or income from a medical agency, stating that he

    receives only his salary along with non-practice allowance from

    the State Government. He has further stated that he is

    responsible for maintaining his aged parents and a disabled

    brother, and that his parents are undergoing medical treatment for

    serious ailments.

    4.7. The respondent has also asserted that the appellant is well-

    qualified (BA LL.B., LL.M.), is practicing as an advocate before the

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    Rajasthan High Court at Jodhpur, earning approximately ₹50,000/-

    per month, and is also employed as a teacher in a private school.

    He claims to be paying ₹17,000/- per month towards maintenance

    and bearing educational expenses of his son, and asserts that the

    appellant is not entitled to any further maintenance. According to

    him, the petition is devoid of merit and liable to be dismissed with

    costs.

    Submissions on behalf of the husband

    5. The learned Family Court failed to appreciate that the

    respondent-wife, Smt. Shobha Kunwar, in paragraph 18 of her

    petition, asserted her monthly and future expenses while alleging

    that the appellant’s income was ₹2,90,000/- per month and

    claimed permanent alimony of ₹80,00,000/-. These assertions

    were made without any documentary or oral evidence. No proof

    was adduced to establish the alleged additional sources of income,

    such as earnings from a medical agency, RTO-related

    certifications, or private practice. The appellant specifically denied

    all such allegations in his reply, and, being a government doctor

    receiving non-practice allowance, it is legally impermissible for

    him to engage in private income-generating activities. In these

    circumstances, the award of ₹25,00,000/- as permanent alimony,

    based on unsubstantiated claims and overlooking the fact that the

    respondent left the matrimonial home of her own accord on

    25.05.2009 (while incorrectly alleging the date as 01.05.2009), is

    wholly unsustainable.

    5.1. The learned Family Court further erred in overlooking that

    the respondent, examined as PW-1, produced 115 documents

    during her examination-in-chief dated 03.12.2021; however, none

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    of these documents substantiated her allegations regarding the

    appellant’s alleged additional income from private practice, RTO

    work, or any medical agency. Her statements on this aspect are

    thus baseless and unsupported by evidence. Conversely, during

    her cross-examination dated 17.05.2022, she admitted that she

    has been enrolled as an advocate since 2007, which stands proved

    by Exhibit D-14. She also acknowledged that she is regularly

    practicing and earning, and further derives income from tuition

    classes, as evidenced by Exhibits D-12 and D-13. Merely because

    her income tax returns reflect adjusted income does not imply

    absence of income. The trial court failed to consider these material

    aspects while determining permanent alimony.

    5.2. The learned Family Court also failed to consider that the

    respondent resides with her adult son, Govind Singh, who

    completed his B.Tech in 2017 from Vyas Engineering College,

    Jodhpur, with expenses borne by the appellant. Thereafter, he was

    employed as an Assistant Professor in an engineering college at

    Jodhpur and was earning ₹25,000/- per month as early as 2019,

    which would have reasonably increased over time. Although

    examined as PW-2, he reiterated the respondent’s version;

    however, in cross-examination dated 12.01.2023, he admitted

    that he had completed his B.Tech in 2017 and had arrived at court

    on a motorcycle. The said motorcycle, i.e., a Royal Enfield valued

    at over ₹2.5 lakhs indicates financial capacity inconsistent with his

    claim that he is unable to maintain himself. His statement that he

    is presently unemployed and preparing for competitive

    examinations is thus unreliable, and his credibility stands

    impeached. The trial court failed to appreciate that the respondent

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    resides with adult, qualified, and earning sons, and consequently

    erred in awarding ₹25,00,000/- as permanent alimony.

    5.3. The impugned order is based on conjectures and ignores the

    statutory framework governing maintenance. Under the Hindu

    Adoptions and Maintenance Act, 1956, as well as Section 125 of

    the Code of Criminal Procedure, maintenance obligations towards

    children are confined to minors or, in limited cases, major children

    suffering from disability. It is undisputed that both sons of the

    respondent have attained majority and do not suffer from any

    disability. Therefore, the financial responsibility for their

    maintenance cannot be imposed upon the appellant. On the

    contrary, as able-bodied adult sons, they are legally obliged to

    support their mother. The trial court erred in disregarding this

    settled position.

    5.4. The learned Family Court further failed to consider the

    appellant’s financial liabilities. The appellant’s mother is bedridden

    due to a cerebrovascular accident and incurs medical expenses of

    approximately ₹35,000/- per month. Additionally, his disabled

    younger brother and sister-in-law are dependent upon him. The

    appellant is the sole earning member of his family. In contrast, the

    respondent is earning, has no comparable financial liabilities, and

    is supported by her parental family as well as her earning adult

    sons. These material factors were not properly weighed by the

    trial court.

    5.5. The learned Family Court misapplied the principles

    governing grant of permanent alimony under Section 25 of the

    Hindu Marriage Act. While determining alimony, the court is

    required to consider the income and financial status of both

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    parties, their conduct, standard of living, independent earning

    capacity of the spouse seeking maintenance, and the liabilities of

    the other spouse. In the present case, these parameters have not

    been judiciously evaluated, and the lump sum amount awarded is

    arbitrary and beyond the appellant’s paying capacity.

    5.6. It is also pertinent that the respondent has simultaneously

    filed an appeal seeking enhancement of maintenance while

    initiating execution proceedings of the same decree before the

    trial court. This amounts to taking inconsistent positions,

    approbating and reprobating, solely to harass the appellant, and

    reflects adversely on her conduct. The factual matrix

    demonstrates that the respondent is financially capable of

    maintaining herself and is residing in a stable condition with her

    earning adult sons. Accordingly, the award of ₹25,00,000/- as

    permanent alimony is untenable.

    5.7. Lastly, in the present case arising under Sections 13 and 25

    of the Hindu Marriage Act, the provision under Section 24 relates

    only to maintenance pendente lite and litigation expenses during

    the pendency of proceedings. Any typographical error in the final

    judgment was duly corrected by the trial court within its

    jurisdiction and does not amount to a substantive alteration under

    Section 152 CPC. Further, Section 25 contemplates grant of

    permanent alimony only to a spouse, and not for maintenance of

    adult children. Therefore, the financial responsibilities relating to

    the respondent’s adult sons, including their maintenance,

    education, or marriage, cannot be imposed upon the appellant.

    5.8. In the light of the aforesaid submission, the counsel for the

    appellant-husband also relied on a Division Bench of Delhi High

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    Court’s judgment in Mat. App. (F.C.) 2/2024 & CM Appl. 360/2024

    wherein considering the scope of Section 25 of the Hindu Marriage

    Act, it is held that permanent alimony is an equitable relief

    intended to prevent destitution, not to enrich a financially

    independent spouse.

    Submission on behalf of the wife

    6. The impugned order passed by the learned Family Court

    No.1, Jodhpur suffers from material irregularity and illegality,

    inasmuch as the court failed to properly appreciate the factual

    matrix and the material evidence on record. Consequently, the

    quantum of permanent alimony awarded is inadequate and liable

    to be enhanced and suitably modified.

    6.1. The learned Family Court failed to appreciate that the object

    of granting permanent alimony is to secure the wife’s reasonable

    needs, standard of living, and long-term financial stability,

    commensurate with the husband’s financial capacity and social

    status. In the present case, it was duly pleaded and supported by

    oral and documentary evidence that the respondent-husband

    earns approximately ₹8-10 lakhs per month, being an ENT

    specialist and a Senior Medical Officer at Bangar Government

    Hospital, Pali. In contrast, the appellant has no independent

    source of income and has been single-handedly raising two

    children for over 16 years. Considering the future requirements of

    the appellant and her children, including education, marriage,

    healthcare, and social obligations, the amount of ₹25 lakhs

    awarded is wholly inadequate. The same deserves to be enhanced

    to ₹2 crores. The failure of the trial court to properly evaluate

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    these aspects while deciding Issue Nos. 4 and 5 renders the

    findings unsustainable and vitiated by an error apparent on the

    face of the record.

    6.2. The learned Family Court below further erred in not factoring

    in the impact of inflation and the increasing financial needs of the

    appellant and her children over time. The computation of alimony

    has been made without considering the future escalation in

    expenses necessary to maintain a reasonable standard of living.

    The amount awarded is thus insufficient to meet long-term needs

    and is liable to be enhanced. The omission to consider these

    relevant factors constitutes a patent error on the face of the

    record.

    6.3. The appellant has specifically pleaded and substantiated

    through cogent evidence that the respondent is employed as an

    ENT Specialist and serves as a Specialist Medical Officer at

    Government Bangar Hospital, Pali, drawing a salary exceeding

    ₹3,00,000/- per month. In addition, he earns ₹2-3 lakhs per

    month from private practice, ₹2-3 lakhs per month from issuing

    fitness certificates at the RTO, and further income from a medical

    agency, an aspect admitted by him in proceedings under the

    Domestic Violence Act. The respondent also derives income from

    ancestral agricultural land and residential properties. Thus, his

    total monthly income is approximately ₹8-10 lakhs. In view of this

    financial capacity, the appellant is entitled to a comparable

    standard of living. The trial court failed to properly consider this

    evidence, resulting in an unjust and inadequate award of alimony.

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    6.4. The learned Family Court below did not adequately consider

    that the appellant is responsible for maintaining herself and her

    two children, which entails substantial financial obligations

    towards their education, marriage, healthcare, and other social

    needs. Despite this, only a sum of ₹25 lakhs has been awarded,

    which is disproportionately low considering the respondent’s

    financial status. The amount of permanent alimony ought to have

    been enhanced to ₹2 crores. The failure to consider these material

    aspects renders the impugned findings erroneous.

    6.5. The learned Family Court below failed to take into account

    the settled position of law, as reiterated by the Hon’ble Supreme

    Court, that a wife is entitled to secure residential accommodation.

    In the present case, although the court recorded that the

    appellant does not own any residential property while the

    respondent owns residential houses, no amount has been awarded

    to enable the appellant to acquire even a modest residence. The

    appellant continues to remain without a house, whereas the

    respondent owns multiple properties. This crucial aspect has been

    ignored, and the meagre amount awarded is insufficient to secure

    even basic residential needs. The award, therefore, requires

    enhancement.

    6.6. The impugned order does not disclose any cogent reasoning

    or basis for arriving at the quantum of ₹25 lakhs. Considering the

    respondent’s substantial monthly income, it would have been

    appropriate to allocate a proportionate share towards the

    appellant and her children, taking into account their present and

    future needs. The arbitrary determination of alimony without a

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    rational basis renders the award unsustainable and warrants

    enhancement to ₹2 crores.

    6.7. The learned Family Court further erred in allowing an

    application under Section 152 CPC, whereby the original direction

    granting ₹45,000/- per month to the appellant was modified to

    restrict such payment only until the permanent alimony amount is

    deposited. This modification materially alters the nature of the

    original judgment and cannot be treated as a mere clerical or

    typographical correction. In effect, it amounts to a substantive

    review or alteration of the decree, which is impermissible under

    Section 152 CPC. By virtue of the original order dated 29.08.2025,

    the appellant was entitled to receive ₹45,000/- per month on a

    continuing basis; however, the impugned modification has

    curtailed this right, thereby causing serious prejudice to the

    appellant.

    7. In the aforesaid backdrop, we heard the rival contentions and

    perused the case file along with the record of the learned Family

    Court and shall now proceed to deal with the same by recording

    our discussions and based thereupon render our opinion.

    8. Before proceeding further, it is necessary to examine the

    reasoning which weighed with the learned Family Judge while

    returning the findings qua alimony in the impugned judgment.

    8.1. Upon consideration of the evidence, the trial court observed

    that the appellant had produced medical documents (Exhibits 58

    to 76) and photographs to substantiate her ongoing treatment.

    Her testimony regarding physical incapacity was corroborated by

    both her sons. Although documents relating to her past

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    professional engagement (Exhibits D-12, D-13, and D-14) were

    produced by the respondent, these pertained to a period prior to

    2011. No evidence was produced to establish that she is presently

    earning or capable of self-maintenance.

    8.2. The learned Family court further noted that the burden to

    prove the wife’s independent income lies upon the husband. In the

    absence of such proof, the plea of concealment of income was not

    accepted. While acknowledging that the appellant is well-qualified

    (LLB and PhD), the court held that, prima facie, her current

    physical condition restricts her ability to work.

    8.3. With regard to the financial position of the respondent, the

    court relied upon his affidavit (Exhibit-108), which reflected an

    income of approximately ₹2 lakhs per month, ownership of self-

    acquired residential property, and additional assets including

    agricultural land and ancestral property. It was also noted that he

    had purchased a house through a bank loan and was servicing the

    same.

    8.4. Considering the overall circumstances, while allowing the

    petition filed by the appellant under Section 13 of the Hindu

    Marriage Act, the non-appellant was directed to pay a lump sum

    amount of ₹25 lakhs as permanent alimony within three months

    and to continue paying ₹45,000/- per month as maintenance,

    subject to subsequent modification limiting such payment until the

    deposit of permanent alimony. The petition filed by the non-

    appellant under Section 9 of the Hindu Marriage Act was

    dismissed.

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    9. Having given our anxious consideration to the rival

    submissions, the material available on record, and the reasoning

    assigned by the learned Family Court, we are of the view that

    while the grant of permanent alimony in favour of the wife is fully

    justified, the quantum determined by the learned Family Court

    warrants upward revision. Let us see how.

    10. At the outset, it must be emphasized that the scope of

    Section 25 of the Hindu Marriage Act is not merely subsistence-

    oriented but is intended to secure dignified sustenance and long-

    term financial stability for the spouse who is economically

    disadvantaged as a consequence of marital breakdown. The

    provision is equitable in character and obligates the Court to

    consider multiple factors, including the status of the parties, the

    income and financial capacity of the husband, the reasonable

    needs of the wife, and the standard of living enjoyed during the

    subsistence of marriage.

    11. Before arriving at the enhanced quantum, it is necessary to

    closely examine the financial capacity of the respondent/husband

    on the basis of the material available on record, being the central

    determinant under Section 25 of the Hindu Marriage Act.

    12. The respondent is admittedly employed as a Specialist

    Medical Officer (ENT) in Government service. His affidavit (Exhibit-

    108), as noticed by the learned Family Court, reflects a regular

    and stable monthly income in the vicinity of ₹2,00,000/-, which is

    corroborated by his salary particulars. This income is not sporadic

    or uncertain but is secured by virtue of permanent government

    employment, carrying with it attendant benefits such as

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    increments, allowances, pensionary entitlements, and overall

    financial security.

    13. The contention of the wife that the respondent earns

    substantially higher income through private practice, RTO

    certification work, and medical agency operations has not been

    established by cogent documentary evidence during trial. The

    learned Family Court has rightly exercised caution in not placing

    reliance on unsubstantiated claims of additional income. However,

    the absence of strict proof of such additional earnings does not

    detract from the undeniable fact that the respondent’s base

    income itself is substantial and places him in an upper economic

    bracket.

    14. Further, from the respondent’s own disclosures, it emerges

    that he is possessed of immovable assets, including a

    self-acquired residential house for which he is servicing a loan, as

    well as an undivided share in ancestral agricultural land and

    residential property. These factors are relevant pointers of overall

    financial standing and asset base, which must be taken into

    account while assessing capacity to pay.

    15. The plea raised by the respondent regarding financial

    obligations towards his aged parents and dependent brother, no

    doubt, cannot be ignored, but they do not, in the facts of the

    present case, appear to be of such overwhelming magnitude as to

    substantially erode his capacity to make a reasonable one-time

    provision for his wife. Notably, no clear and quantified evidence

    has been placed on record to demonstrate that these liabilities are

    so onerous as to render him financially constrained.

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    16. Equally important it is to note, that the respondent continues

    to enjoy a steady stream of income with long-term financial

    stability, whereas the appellant-wife is placed in a position of

    comparative economic vulnerability. The statutory mandate under

    Section 25 of the Hindu Marriage Act, requires the Court to

    account not merely for current income but also for earning

    capacity, financial security, and future prospects of the parties.

    17. It is pertinent to note that certain very fundamental facts

    stand either admitted or sufficiently established on record viz. :-

    a. The marriage subsisted for a long duration of nearly 15

    years of cohabitation, followed by prolonged litigation

    since 2009;

    b. The wife has been living separately along with the

    children for more than 16 years, effectively discharging

    parental and domestic responsibilities single-handedly;

    c. The husband is a Specialist Medical Officer (ENT) in

    Government service, enjoying a stable, secure, and

    respectable source of income.

    18. In the aforesaid backdrop, while the precise quantum of the

    husband’s additional income from private sources may not have

    been strictly proved by documentary evidence, it cannot be

    ignored that his baseline earning capacity itself is substantial and

    secure, with salary admittedly in the range of ₹2 lakhs per month

    (as accepted by the trial court on affidavit evidence). The nature

    of his professional qualification further indicates a high and

    progressive earning potential, which is a relevant consideration

    under Section 25 of the Hindu Marriage Act.

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    19. On the other hand, the plea of the husband that the wife is

    financially independent does not inspire confidence. The material

    on record indicates that though the wife is academically qualified,

    there is no cogent evidence of stable or sufficient income enabling

    her to maintain herself at a standard commensurate with that

    enjoyed in the matrimonial home. The documents relied upon by

    the husband pertain to a period prior to 2011 and do not establish

    any present earning capacity. Further, the evidence regarding her

    physical condition, supported by medical documents, cannot be

    lightly brushed aside.

    20. Equally significant is the fact that the wife does not possess

    any independent residential accommodation, whereas the husband

    admittedly owns immovable property. The right of a divorced wife

    to secure a reasonable residence is now a well-recognized facet of

    maintenance jurisprudence. The amount awarded must, therefore,

    be sufficient to enable her to secure at least a modest dwelling

    and ensure long-term financial security.

    21. The contention of the husband regarding the majority and

    earning capacity of the sons, though legally relevant, does not

    substantially dilute the wife’s entitlement under Section 25 of the

    Hindu Marriage Act. Permanent alimony is not contingent upon

    dependency of children alone, but is a distinct and independent

    right of the spouse arising out of the dissolution of marriage. At

    best, this factor may have a bearing on quantum, but cannot

    negate entitlement.

    22. At the same time, we are not persuaded to accept the

    exaggerated claim of the wife seeking ₹2 crores as permanent

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    alimony. The said claim appears disproportionate and not fully

    supported by reliable evidence regarding the husband’s alleged

    income of ₹8-10 lakhs per month. We are mindful that this Court

    must guard against converting alimony into a measure of

    enrichment rather than support.

    23. Thus, even on a conservative assessment, restricting the

    evaluation strictly to the proven income on record and excluding

    unproven additional sources, the respondent’s financial profile

    clearly demonstrates sufficient means and capacity to discharge a

    higher quantum of permanent alimony than what has been

    awarded by the learned Family Court.

    24. What is required is a balanced, realistic, and equitable

    determination, which neither unduly burdens the husband nor

    leaves the wife in a state of financial vulnerability. Considering;

    the long duration of marriage and separation, the established

    cruelty and consequent breakdown, the absence of independent

    income and residential security of the wife, the stable and

    substantial earning capacity of the husband, the rising cost of

    living and inflationary trends, and the need to provide a one-time

    financial cushion ensuring dignity and security, we are of the

    opinion that the amount of ₹25,00,000/- awarded by the learned

    Family Court is on the lower side and does not adequately meet

    the ends of justice.

    25. Accordingly, in exercise of appellate jurisdiction, the

    permanent alimony is enhanced to ₹40,00,000/- (Rupees Forty

    Lakhs only), payable by the respondent-husband to the appellant-

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    wife within a period of six months from today, until then he shall

    continue to provide monthly maintenance as before.

    26. In the parting we may also like to observe that Delhi High

    court judgment relied upon by the learned counsel for the

    respondent is not applicable to the facts of the present case. In

    that case before High court the appellant(wife), a Senior IRTS

    Officer with a stable and substantial income, was financially self-

    sufficient and had no demonstrated hardship, liabilities, or

    dependency. The marriage itself was short-lived, without children

    or enduring interdependence. In such circumstances, no case for

    permanent alimony was made out.

    27. As an upshot, appeal filed by wife is allowed and that of the

    husband is dismissed and the findings returns by learned Family

    court and the impugned judgment stand modified as above.

    28. Decree sheet be prepared accordingly.

    29. Any pending application stands disposed of.

                                       (YOGENDRA KUMAR PUROHIT),J                                     (ARUN MONGA),J
                                        59-60 neha/-
    
    
    
    
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