Family court has directed to pay fifty lakh rupees as permanent alimony: what to do? My file filed a civil suit for the divorce on the ground of desertion and cruelty. She has the evidence to prove that I have been working in Nepal and never visited my native place. My wife is living in my village. However, I also do not want to live with her because I am falling in love with another girl. The court while deciding the permanent alimony under Section 25 of the Hindu Marriage Act did not examine my financial capacity. Without going into the facts of the case the family court has arbitrarily decided such a hefty amount as a permanent alimony. Please suggest what to do in these circumstances.
You did not mention your financial capacity and standard of living. But, it is a general rule applicable in determination of permanent alimony that the court must take in account the financial capacity of the husband.
If you think that fifty lakh rupees is beyond your financial capacity or that amount has been fixed by the court without considering the prevailing facts of the case, then you should immediately file an appeal against that order.
It is right of the husband to know that on which basis he is bound to pay permanent alimony. The family court, in your case, did not apply its legal mind therefore, decreed such a hefty amount. Court, while deciding the quantum of alimony, has to address legal controversy, factual position of parties, earning capacity of both parties and last but not least, the financial capacity of the husband.
In this situation it becomes necessary to file an appeal against such an erroneous decree of permanent alimony. You should file an appeal before the High Court. There is a thirty days limitation period for filing appeal in the high court.
You should adduce evidence about your income, financial liability, your own expenses and expenses of dependents. Therefore, the appellate court will be able to set aside this decree and fix a reasonable amount as a permanent alimony.
Also read: Amount of alimony in Hindu law
