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Patna High Court Grants Divorce And Slams Trial Court For Applying Wrong Law
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News18•09-10-2026, 20:30
Patna High Court Grants Divorce And Slams Trial Court For Applying Wrong Law
- •The Patna High Court granted a woman a divorce while strongly criticizing the trial court for dismissing her petition and applying the incorrect law.
- •The high court ordered the woman’s husband to pay Rs 50 lakh as permanent alimony within three months.
- •A division bench of Justices Bibek Chaudhuri and Rana Vikram Singh held that the woman was entitled to dissolution of marriage on the ground of desertion.
- •The High Court slammed the trial court for applying the Indian Christian Marriage Act of 1872 instead of the Divorce Act of 1869, calling the error sheer negligence.
- •The court considered the husband's income and property holdings to determine the permanent alimony for the wife, who has no independent source of income.
Key Questions Answered
The Divorce Act, 1869 governs the dissolution of marriage for Christian couples in India, serving as the codified Indian Personal Law for such cases.
The High Court criticized the trial court for applying the Indian Christian Marriage Act, 1872 instead of the Divorce Act, 1869, describing the oversight as sheer negligence.
The Patna High Court directed the husband to pay Rs 50 lakh as permanent alimony to the wife within three months.
