SC Sets Aside ‘Unreasoned’ Family Court Order That Asked Husband To Pay Rs.15 Lakh Permanent Alimony To Wife [Read Judgment]
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, the bench said.
The Supreme Court today set aside an ‘unreasoned’ family court order that directed a husband to pay Rs. 15 lakh as permanent alimony to wife.
The bench of Justice RK Agrawal and Justice AM Sapre was considering an appeal filed by Jalendra Padhiary against an Orissa High Court order that had dismissed his appeal against the family court order awarding permanent alimony, in limine. The family court had passed a decree of divorce by dissolving the marriage, directing the husband to pay permanent alimony of Rs.15,00,000 and litigation expenses of Rs. 10,000 to the wife.
The bench, perusing the orders of family court and high court, said: “Both the Courts did 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.”
The court observed that such orders are ‘wholly unsustainable’ as it causes prejudice to the parties. The bench said those orders deprived the husband to know the reasons for fixing the permanent alimony amount of payable to his wife.
The bench further said: “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 recorded based on appreciation of evidence on all the material issues arising in the case.”
Setting aside the orders, the court then remanded the case to the family court to decide the quantum of payment of permanent alimony afresh.Read the Judgment Here