GUWAHATI, June 2 - In a landmark order, the Family Court of Kamrup (Metro) has directed a US-based NRI to pay a permanent alimony of Rs 1 crore to his wife.
N Rajkumari, Principal Judge, Family Court, Kamrup (Metro), directed that the amount be paid within six months of the order dated May 26, 2016.
The wife in question (name withheld) had filed an application under Section 37 of the Special Marriage Act, 1954 before the Family Court, seeking permanent alimony from her husband and also sought for divorce on the ground of domestic violence perpetuated upon her while she was in the United States. The Court had earlier already granted divorce to the wife.
The contention of the wife in her petition seeking alimony was that prior to her marriage she was employed as a lecturer in a reputed college of Guwahati.
However, after the marriage, she had to resign and leave the job for joining her husband in the US.
Since then, the wife was totally dependent on her husband for maintenance. The wife alleged that she was compelled to leave the US and return to India due to unbearable acts of cruelty and violence inflicted on her by her husband during her stay with him in America.
She stated that since her return to India (Guwahati) on July 2014, she was not provided any maintenance and abandoned by her husband or her in-laws in Guwahati. Since then, she has been staying with her parents in Guwahati.
Senior advocate Bhaskar Dev Konwar was the amicus curie in the case.
In the judgment, the Principal Judge observed that considering the status of the husband and his income, his capability to pay and the standard of living of the wife to which she was used to before the breakdown of marriage, entitles the wife for a permanent alimony of Rs 1 crore as one-time lump-sum amount.