Jharkhand High Court
Soumendu Ray vs Manasi Ray on 3 July, 2025
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad, Rajesh Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
First Appeal No. 159 of 2023
----
Soumendu Ray ... ... Appellant
Versus
Manasi Ray ... ... Respondent
-------
CORAM :HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE RAJESH KUMAR
------
For the Appellant : Mr. Sanjay Kumar Thakur, Advocate
For the Respondent : Mr. D.K. Chakraverty, Advocate
--------
rd
Order No. 12 : Dated 3 July, 2025
1. Learned counsel for the appellant has submitted that in
pursuance to order dated 26th June, 2025, the affidavit was to
be filed, which is ready but could not be filed, copy of which has
been served upon learned counsel for the respondent.
Therefore, prayer has been made to accept the same to be taken
on record.
2. This Court considering the same accepts the affidavit filed
on behalf of appellant. Let the same be kept on record.
3. We have perused the affidavit dated 26.06.2025 filed on
behalf of appellant as also the affidavit filed on earlier occasion,
wherein salary slip of the appellant has been annexed,
wherefrom it is evident that Projected Gross Annual Income of
the appellant-husband is Rs. 21,01422.15/- and projected tax
payable comes to Rs. 2,14,870/-.
4. Mr. D.K. Chakravarty, learned counsel for the respondent-
wife relying upon the judgment rendered by Hon'ble Apex Court
in the case of Rakhi Sadhukhan Vs. Raja Sadhukhan [2025
SCC OnLine SC1259], has submitted that the 30% of the net
salary has been awarded to the wife with subject to a 5%
increase every two years in order to meet out the effect of
inflation. However, since the son was, who has attained the age
of 26 years and as such no order was passed for permanent
alimony in his favour. However, it was left open to the
respondent-husband to voluntarily assist the son with
educational or other reasonable expenses. But herein, the
female child who is having the age of 11 years, is suffering from
vertical talus, for which they have to totally depend upon the
maintenance given by the appellant-husband.
5. The respondent-wife, who is present in the Court has
shown apprehension in order to avoid any future complications
in her life or in the life of her daughter, it would be better to
settle the matter by way of one time settlement by paying a
lumpsum amount for subsistence of herself and her daughter.
She has submitted that taking into consideration the average
life expectancy and issue of ailment of her daughter who is
suffering from vertical talus and is now only 11 years old as
also considering the financial position of the husband, rupees
one crore will be just and proper.
6. The appellant-husband, who is present in the Court, has
shown his inability to pay one time settlement of amount of
rupees one crore.
7. Mr. Sanjay Kumar Thakur, learned counsel for the
appellant-husband, however, has submitted that he will
interact with the appellant-husband on the issue of quantum of
amount.
8. Considering the same, let the matter be posted on Monday
i.e., on 7th July, 2025.
9. Let the amount, which has been incurred to the
respondent-wife in coming to the Court to the tune of Rs.
5000/- be paid to the respondent-wife by the appellant-
husband forthwith.
10. So far as the issue of arrears to the tune of Rs. 68,000/-
as stated by the respondent-wife is concerned, the appellant-
husband has undertaken before this Court that the said
amount will positively be paid within a period of 3 weeks.
11. Let the arrears so due be paid within the aforesaid period
as undertaken by the appellant-husband, failing which this
Court will pass further appropriate order.
12. Let the matter be posted on 7th July, 2025 within top five
cases.
(Sujit Narayan Prasad, J.)
(Rajesh Kumar, J.)
Alankar/-
