Husband earning ₹85,000 a month to pay ₹36.25 lakh after divorce: Patna High Court cites ‘reciprocal cruelty’
The Patna High Court has upheld a family court’s decision to end a couple’s marriage, observing that when both spouses are unwilling to continue living together and there is no adjustment between them, their actions may amount to “reciprocal cruelty," according to an Indian Express (IE) report.
A division bench of Justices Rana Vikram Singh and Bibek Chaudhuri passed the order on October 9. Along with upholding the divorce, the court directed the husband to pay his estranged wife ₹36.25 lakh as permanent alimony.
The couple got married in 2013 and have a son. However, their relationship deteriorated soon after the wedding, and they have been living separately for a long time.
The husband approached the family court, accusing his wife of being unwilling to adjust to the matrimonial home and insulting him and his family. He also alleged that she had refused to return despite his repeated attempts to reconcile.
The wife denied these allegations and accused her husband and his family of subjecting her to physical and mental harassment. She claimed that she had been forced to leave the matrimonial home and had demanded ₹20 lakh.
She also told the court that she had sought separate accommodation in Patna so that the couple could live together.
After examining the case, the family court accepted the husband’s allegations and concluded that he had established cruelty and desertion. It subsequently dissolved the marriage in 2022.
The wife challenged this decision before the Patna High Court, arguing that the family court had failed to assess the evidence properly and had based its decision on conjectures and surmises.
During the appeal hearing, the high court asked the wife’s counsel whether she still had any mutual trust, love, affection or willingness to resume married life with her husband.
In response, her counsel submitted that the marriage had failed and neither spouse wanted to reunite. The husband’s counsel also agreed that neither party was interested in restoring the relationship.
Taking these submissions into account, the bench noted that the couple had been living apart for an extended period and had no association with each other.
The court acknowledged that it could not grant a divorce solely on the ground of irretrievable breakdown of marriage. However, it observed that when neither spouse wishes to continue the relationship and there is no possibility of adjustment, their conduct could be treated as “reciprocal cruelty”.
According to Express Report, the court made the following observation in its October 9 order: “We are conscious of the fact that we could not pass any decree on irretrievable breakdown of marriage, but where there is absolutely no adjustment between the parties, and they do not want to sit, to stay as wife and husband, the act of the parties can be considered as reciprocal cruelty by both the parties. On this ground, the marital tie between the parties can be severed…,”
The bench subsequently upheld the family court’s decision to dissolve the marriage.
Along with upholding the divorce, the high court ordered the husband to pay his estranged wife ₹36,25,200 as permanent alimony.
The amount must be paid in two equal instalments of ₹18,12,600 each. The first instalment must be deposited into the wife’s savings account within one month of the order, while the second must be paid within three months.
Kanishka Singharia is a Senior Content Producer at Mint with a passion for news, trends, and the stories shaping the digital world. She specialises in spotting viral narratives by constantly tracking social media platforms and turning them into engaging, reader-friendly stories. Her work ranges from fast-paced breaking updates to sensitive human-interest features, blending speed with clarity. <br><br> With over four years of experience in news and trend reporting, Kanishka has worked with leading organisations such as Hindustan Times and Times Now. She moves seamlessly between profiling business leaders and telling the stories of everyday people, covering national developments just as effortlessly as the memes and conversations that dominate online culture. <br><br> She also reports on real estate developments and civic challenges in major urban hubs like Bengaluru, Delhi, and Gurugram. Her coverage frequently explores the struggles of startup founders, inspiring journeys of CEOs, and the experiences of candidates dealing with the complexities of visa processes. <br><br> Kanishka holds an undergraduate degree in Journalism from Delhi University and a diploma from the Indian Institute of Mass Communication. Rarely offline, she spends much of her time scrolling through X, LinkedIn, Reddit, Instagram, and Facebook in search of the next big story. When she finally logs off, she enjoys binge-watching shows and exploring cafes in pursuit of good food and better conversations.
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