Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:42673-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 860 of 2025 1 - Smt. Sagarika Bhoi W/o Bijeyendra Bhoi D/o Cheliya Sahu Aged About 34 Years R/o Village Post Bhartala, PS And Tehsil Patnagarh, District Balangir (Orrisa). ... Applicant versus 1 - Bijeyendra Bhoi S/o Late Shri Rajnikant Bhoi, Aged About 37 Years R/o Ward No. 15, Gurughasidas Ward Mahalpara Mukam Post Saraipali, PS And Tehsil Saraipali, District- Mahsamund Chhattisgarh. ... Non-applicant For Petitioner(s) : Mr. Shubhank Tiwari, Advocate For Respondent(s) : Mr. Chandra Kumar, Advocate
Hon’ble Smt. Justice Rajani Dubey, Hon’ble Shri Justice Bibhu Datta Guru Order on Board Per Rajani Dubey, J. 22.08.2025
1. The present MCC has been filed seeking modification of the judgment dated 19.12.2024 passed by this Court in FA(MAT) No. 105/2022. 2
1. Learned counsel for the applicant submits that this Court vide judgment dated 19.12.2024 passed in FA(MAT) No. 105/2022 while dismissing the said petition, held in para 13 as under:-
“13. With respect to grant of alimony to the wife, the concept of Supreme Court is that the wife should not be left in a helpless state of distress, destitution and starvation. The Supreme Court has consistently held that in order to ameliorate the financial position of a woman who had left her matrimonial home, grant of maintenance is a means to secure the woman's sustenance. The statutory provision entails that if the husband has sufficient means, he is obligated to maintain his wife and he cannot escape from his moral and familial responsibilities. Thus, looking to the income of the husband and status of the wife, we are inclined to hold that the wife is entitled to get ₹15,00,000/- lacs (Rupees Fifteen Lacs Only) from the husband towards permanent alimony Ordered accordingly.”
2. The applicant is seeking modification to the extent that the said amount of Alimony can be deposited within stipulated period of time. 3. The modification as sought for is not opposed by the learned counsel for the respondent. 4. Upon due consideration and non-objection of counsel for the respondent, the MCC stands allowed to the extent that the para 13 of the order dated 19.12.2024 passed in FA(MAT) No.105/2022, be read as “With respect to grant of alimony to the wife, the concept of Supreme Court is that the wife should not be left in a helpless state of distress, destitution and starvation.
The Supreme Court has
3 consistently held that in order to ameliorate the financial position of a woman who had left her matrimonial home, grant of maintenance is a means to secure the woman's sustenance. The statutory provision entails that if the husband has sufficient means, he is obligated to maintain his wife and he cannot escape from his moral and familial responsibilities. Thus, looking to the income of the husband and status of the wife, we are inclined to hold that the wife is entitled to get ₹15,00,000/- lacs (Rupees Fifteen Lacs Only) from the husband towards permanent alimony. The respondent/husband is directed to deposit the amount of Alimony i.e. ₹15,00,000/- lacs (Rupees Fifteen Lacs Only) within 2 months. Ordered accordingly.”
5. The copy of this order shall form part of the records of FA(MAT) No. 105/2022. Sd/- Sd/- (Rajani Dubey) (Bibhu Datta Guru) Judge Judge Ruchi
RUCHI YADAV Digitally signed by RUCHI YADAV