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by Admin
27 February 2026 11:53 AM
“Exercise of Quantifying Alimony Was Mandatory – Not Dependent on Mutual Consent”, In a stern reminder to trial courts on the binding nature of remand directions, the Orissa High Court has held that a Family Court cannot evade its duty to determine permanent alimony merely because parties failed to arrive at a mutual settlement.
A Division Bench comprising Justice Manash Ranjan Pathak and Justice Sibo Sankar Mishr set aside the Family Court’s order restoring its earlier dismissal of a divorce petition. The High Court ruled that the trial court had “completely misread” the remand order dated 28.06.2022 and failed to exercise jurisdiction vested in it.
The Bench further directed the husband to pay interim maintenance of Rs.10,000 per month to the wife during pendency of the remanded proceedings, emphasising that maintenance law is a measure of social justice meant to prevent destitution.
Divorce Petition, Remand, and “Cryptic Restoration”
The appellant-husband had filed a divorce petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955 alleging cruelty. The Family Court dismissed the petition on 19.11.2019.
On appeal, a coordinate Bench of the High Court on 28.06.2022 set aside the dismissal and remanded the matter with specific directions. The Family Court was instructed to permit additional evidence confined to the financial strength of the husband and thereafter “determine the permanent alimony,” unless the parties mutually settled the quantum.
However, upon remand, the Family Court restored its earlier judgment on the ground that the parties had not mutually agreed upon alimony and no consent terms were filed. It treated “the exercise of quantifying the alimony” as redundant.
Challenging this approach, the husband preferred the present appeal.
“Complete Misreading of Remand Order”
The High Court did not mince words in criticising the Family Court’s approach.
It observed that the trial court “completely misread the remand order” and erroneously assumed that alimony could be quantified only if parties arrived at mutual consent. The remand, in fact, mandated independent determination of permanent alimony after allowing evidence on financial capacity.
The Bench held:
“This Court remanded the matter for determination of permanent alimony afresh affording opportunity to both the parties to bring evidence on record.”
By passing a cryptic order and restoring the earlier dismissal without quantifying alimony, the Family Court failed to comply with the express directions of the High Court.
The order dated 20.04.2023 was accordingly set aside and the matter was remitted back for fresh adjudication strictly in terms of the earlier remand.
“Maintenance Is a Measure of Social Justice”
Taking note that the matrimonial litigation had been pending for more than thirteen years, the High Court considered it necessary to pass an interim order of maintenance to prevent further hardship to the wife.
The Court recorded that the respondent-wife was “impecunious and is leading a life of destitution, without any financial assistance whatsoever from the appellant-husband.” It warned that denial of maintenance during pendency would push her into vagrancy.
Relying on Chaturbhuj v. Sita Bai, the Court reiterated:
“The object of the maintenance proceedings is not to punish a person for his past neglect, but to prevent vagrancy by compelling those who can provide support to those who are unable to support themselves.”
The Bench emphasised that Section 125 CrPC is “a measure of social justice” meant to achieve a social purpose and prevent destitution.
“Husband Cannot Take Subterfuges to Deny Maintenance”
Drawing strength from Bhuwan Mohan Singh v. Meena, the Court strongly underscored the obligation of an able-bodied husband to provide sustenance.
Quoting the Supreme Court, the Bench observed:
“In a proceeding of this nature, the husband cannot take subterfuges to deprive her of the benefit of living with dignity.”
It further echoed the Apex Court’s declaration that it is the “sacrosanct duty” of the husband to render financial support, “even if the husband is required to earn money with physical labour, if he is able-bodied.”
Maintenance, the Court clarified, is not about survival at animal level but about enabling a wife to live in a manner consistent with her status.
Interim Maintenance of Rs.10,000 Per Month
Considering the prolonged pendency and absence of financial support, the Court directed the husband to pay Rs.10,000 per month as interim maintenance from January 2026 till disposal of the remanded proceedings.
The amount was described as tentative and “without prejudice to right and contention of the parties,” granted solely to prevent vagrancy.
Specific directions were issued for monthly deposit into the wife’s bank account, with details placed on record.
Expeditious Disposal Mandated
Observing that the matrimonial proceeding had lingered for over thirteen years, the High Court directed the Family Court, Cuttack, to make an endeavour to dispose of the matter within three months. Both parties were directed to appear before the Family Court on 26 February 2026.
The ruling reinforces two core principles of matrimonial jurisprudence. First, a remand order must be scrupulously followed; a trial court cannot circumvent explicit directions under the guise of technical interpretation. Second, maintenance is not charity but a statutory and constitutional obligation rooted in social justice and dignity.
By setting aside the restoration order and granting interim maintenance, the Orissa High Court has reiterated that procedural misreading cannot override substantive justice, and that a deserted wife cannot be left to suffer while litigation drags on.
Date of Decision: 11 February 2026
