A Few Inferences from Kalyan Dey Chowdhary Supreme Court Judgement

Currently a supreme court judgement on alimony is making the news headlines like “Alimony must be 25% of husband’s net pay”. While most of you may not have the time to deep dive into why such an order was passed, I have made an attempt to understand that. I have gone ahead and read the actual supreme court judgement and I thought there were many mistakes on husband’s part which lead to this judgement which ought not be repeated by others. I will spread light on these later in this post.

Before that let’s go through my understanding of the facts of the matter:

  • The Husband was acquitted of charges under IPC 498a & 406.
  • He had earlier applied for Restitution of Conjugal Rights (or RCR) under Hindu Marriage Act in an effort to call his wife back for co-habitation which he subsequently won and still wife refused to co-habit with him, not following courts orders.
  • He also made alternate arrangements for co-habitation with wife separating the family from his parents.
  • Still the wife refused to come and to prevent this she filed for judicial separation. Husband objected as written reply but couldn’t attend the court case as he was allegedly man-handled in the court. The judicial separation was thus passed ex-patry in favor of wife.
  • Husband then applied for divorce which was granted.
  • His wife had applied for maintenance under HMA when husband had​ filled RCR, she re-applied it again under change of circumstances a few years later when husband filed divorce stating that husband’s salary increased, thus increasing the amount of maintenance. Maintenance was provided to the wife on both occasions based on the quantum of husband’s salary during time of passing the order.
  • After the maintenance was passed, she applied for review to the high court who revised the maintenance as husband’s salary further increased. Thus it was increased further at the high court.
  • Supreme Court agreed to the view high court had held. The only reason for reduction in maintenance passed by Supreme Court is the presence of a second wife of the husband and a child born out of the second wedlock.
  • Supreme Court ignored the fact that the wife was skilled, was earning a decent amount which quantified to nearly 1/3rd of that of the husband and the child born out if the first marriage was now (at the time of passing the judgement) an adult.

Below are some conclusions that I could draw from the above matter and the developments at each stage:

  • Do not apply for RCR as it has always been proven useless time and again. Indian judicial system seemingly doesn’t have any mechanism to enforce RCR judgement (that seeks to save the marriage) won by the husband against the wishes of the wife.
  • Contrarily applying for RCR only attracts maintenance cases under sections HMA 24 and 25.
  • Applying for divorce is also counter-productive for the husband. Although the husband may be granted a divorce on one of the grounds but he may end up satisfying his wife’s greed to get more money/property.
  • Never skip your court dates, however difficult it may be. If you are threatened or man-handled or beaten by some goons while you are attending the court dates in your wife’s territory, file a complaint at the local  police station and pursue the matter separately without any fear. A police complaint should be a deterrent to the goons and in-laws in their efforts to traumatise you even more. Contrarily, not attending the court dates not only gives an impression that you aren’t interested in the matter and to get justice, but you also gives entire control of the court proceedings to your advocate and end up losing your grip on the case. You are then at the mercy of your free-willed advocate, lying in-law’s & the misandrous judicial setup. The only respite you have is temporary by distracting yourself from this matter.
  • Second Marriage is not a solution to get rid of the issues faced due to first marriage. 
  • Last and not the least, do not marry! As they say, prevention is better than cure! Be an MGTOW. (If you don’t know the meaning of this term, google it now!