REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.3876 OF 2018 [Arising out of SLP (C) No.9691 of 2015]

Jalendra Padhiary         .. Appellant(s)

Versus

Pragati Chhotray          .. Respondent(s)

J U D G M E N T

Abhay Manohar Sapre, J.

1) Leave granted.

2) This appeal arises from the final judgment and

order dated 03.11.2014 passed by the High Court of

Orissa  at  Cuttack  in  M.A.T.A.  No.113  of  2014

whereby  the  Division  Bench  of  the  High  Court

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dismissed the appeal filed by the appellant herein in

limine at  the  stage  of  admission,  in  consequence,

upheld  the  order  dated  17.09.2014  passed  by  the

Family  Court,  Bhubaneswar  in  Civil  Proceeding

No.24 of 2011.  

3. The facts of the case lie in a narrow compass

and  it  would  be  clear  from  the  facts  stated

hereinbelow.

4. The  appellant  is  the   plaintiff  whereas  the

respondent is  the defendant in the civil suit out of

which this appeal arises.  The dispute is between the

husband  and  wife  and  it  relates  to  award  of

permanent alimony payable to wife.

5. The appellant-husband  filed a petition against

the respondent-wife under Section 13 of the Hindu

Marriage  Act,  1954 (hereinafter  referred  to  as  “the

Act”) before the Judge, Family Court, Bhubaneswar

seeking  decree  for  dissolution  of  marriage  on  the

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grounds  of  desertion  and  cruelty.  The  respondent

filed her written statement and denied the material

averments of the appellant’s claim.  On the basis of

the  pleadings  and  the  evidence  adduced  by  the

parties,  the  Family  Judge,  by  order  dated

17.09.2014, allowed the petition and passed a decree

of  divorce  by  dissolving  the  marriage.   The  Family

Judge  also  directed  the  appellant(husband)  to  pay

permanent alimony of Rs.15,00,000/- and litigation

expenses of Rs.10,000/- to the respondent(wife).    

6. The appellant(husband),  felt  aggrieved by  that

part of the order of the Family Court by which the

appellant was directed to pay permanent alimony of

Rs.15,00,000/- to the respondent(wife),  filed appeal

before  the  Division  Bench  of  the  High  Court.  By

judgment/decree  dated  03.11.2014,  the  Division

Bench of  the  High Court  dismissed the  appellant’s

appeal and affirmed the order of the Family Court.   

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7. Against the order of the Division Bench of the

High  Court,  the  appellant(husband)  has  filed  this

appeal by way of special leave in this Court.

8. The  short  question,  which  arises  for

consideration in this appeal, is whether the Division

Bench of the High Court was justified in dismissing

the  appellant’s  appeal  in  limine  and  thereby

upholding the order of the Family Judge insofar as it

related  to  awarding  permanent  alimony  of

Rs.15,00,000/- to the wife(respondent).

9.  Heard Mr. Kumar Gaurav, learned counsel for

the appellant and Mr. Radha Shyam Jena,  learned

counsel for the respondent.

10. Having heard the learned counsel for the parties

and  on  perusal  of  the  record  of  the  case,  we  are

constrained  to  allow  the  appeal,  set  aside  the

impugned order as also the order of the Family Court

to the extent it fixes the award of permanent alimony

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and remand the case to the Family Court for deciding

the question of grant of permanent alimony payable to

wife afresh on merits in accordance with law.

11. The operative portion of the order of the Family

Court reads as under:

“The petition of the petitioner is allowed on contest in favour of the petitioner.  A decree of  divorce  is  passed  and  the  marriage between the petitioner and the respondent is hereby  declared  dissolved  with  effect  from the date of decree.  The petitioner is directed to pay permanent alimony of Rs.15,00,000/- and litigation expenses of Rs.10,000/- to the respondent.”

(emphasis supplied)

12. The order of the Division Bench of the High Court

reads as under:

“After looking into the allegations made and pleadings taken by the parties, as recorded in the  impugned  judgment,  which  during  the course of argument could not be snipped, we do not find any reason to interfere with the amount  of  Rs.15,00,000/-  awarded  as permanent alimony to the wife by the learned Judge,  Family Court.   In  the present  time, the said amount is wholly insufficient for the wife to maintain her entire life.

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Since we do not find any merit in the appeal, we dismiss the same in limine at the very stage of admission.”

13. The only question involved in the appeal before

the High Court, which was carried to this Court in this

appeal by the appellant (husband),  was whether the

award of permanent alimony of Rs.15,00,000/- by the

Family Court to the respondent(wife) was legally and

factually sustainable.   

14. Insofar as the grant of decree of divorce in favour

of the husband is concerned, it was not challenged by

the respondent (wife) in appeal before the High Court

and  hence  it  attained  finality.

16. In our  view,  mere  perusal  of   the  order  of  the

Family Court and the High Court quoted supra, would

go to show that both the Courts failed to apply their

judicial  mind  to  the  factual  and  legal  controversy

insofar  as  award  of  permanent  alimony   to  the

respondent(wife)  is  concerned.   Both the  Courts  did

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not  even mention the factual narration of the case set

up  by  the  parties  on  the  question  of  award  of

permanent  alimony  and  without  there  being  any

discussion,  appreciation,  reasoning  and  categorical

findings  on  the  material  issues  such  as,  financial

earning capacity of husband to pay the alimony and

also the financial earning capacity of wife, a direction

to pay Rs.15,00,000/- by way of permanent alimony to

the wife was given.   In our opinion, such direction is

wholly unsustainable in law.  

16. Time and again, this Court has emphasized on

the Courts the need to pass reasoned order in every

case,  which must contain the  narration of  the  bare

facts of the case of the parties to the  lis, the issues

arising  in  the  case,  the  submissions  urged  by  the

parties,  the  legal  principles  applicable  to  the  issues

involved and the reasons in support  of  the  findings

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recorded based on appreciation of evidence on all the

material issues arising in the case.  

17. It  is  really  unfortunate that  neither  the  Family

Court  nor  the  High Court  kept  in  mind these  legal

principles and passed cryptic and unreasoned orders.

Such  orders  undoubtedly  cause  prejudice  to  the

parties  and in  this  case,  it  caused  prejudice  to  the

appellant(husband)  because  the  orders  of  the  High

Court  and  Family  Court  deprived  him  to  know  the

reasons for fixing the permanent alimony amount of

Rs.15,00,000/- payable to his wife.  

18. We  cannot  countenance  the  manner  in  which

both the Courts passed the order which has compelled

us  to  remand  the  matter  to  the  Family  Court  for

deciding the issue afresh on merits.  

19. In the light of the foregoing discussion, we allow

the appeal, set aside the impugned order of the High

Court and the order of the Family Court insofar as it

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relates to fixing of Rs.15,00,000/- towards payment of

permanent  alimony  to  the  respondent(wife)  by  the

appellant(husband) and remand the case to the Family

Court to decide the quantum of payment of permanent

alimony afresh in accordance with law keeping in view

our observations made supra.  

20. We,  however,  make  it  clear  that  we  have

refrained ourselves from making any observation on

merits of the controversy while forming an opinion to

remand the case to the Family Court for the reasons

mentioned above. The Family Court would, therefore,

decide  the  issue,  uninfluenced  by  any  of  our

observations,  strictly  in  accordance  with  law.  If

necessary, the Family Court would also grant liberty to

the  parties  to  amend  the  pleadings  and  adduce

evidence on the question of  quantum of  payment of

permanent alimony.  

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21. The  appeal  is  accordingly  allowed.  Impugned

order of the High Court and the order of the Family

Court  insofar  as  it  relates  to  fixation  of  permanent

alimony  of  Rs.15,00,000/-  are  set  aside  with  the

aforesaid directions for compliance.

22. We direct  the  Family  Court  to  decide  the  case

within six months as an outer limit.   

23. Till  the  disposal  of  the  case,  the

appellant(husband)  will  continue  to  pay  monthly

maintenance amount, which was fixed by the Family

Court,  to  the  respondent  regularly.  Needless to  say,

the payment of  monthly maintenance will be subject

to the final determination made by the Family Court.

………………………………..J  (R.K. AGRAWAL)

           …..………………………………J.      (ABHAY MANOHAR SAPRE)

New Delhi, April 17, 2018

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