Cryptic and unreasoned orders cause prejudice to the parties – Apex Court

The Husband challenged the decision of the Division Bench of Orissa in dismissing his appeal at the admission stage itself whereby confirming the decision of the Family Court in granting permanent alimony of Rs.15 Lakhs to the Wife while allowing the application for divorce. The Family Court as well as the High Court have not assigned any reason as to how the permanent alimony of Rs.15 Lakhs is determined.

The Supreme  Court has allowed the petition of the husband and remanded the matter to the Family Court for fresh consideration only as far as the issue of permanent alimony is concerned. The Supreme court held that ” Both the Courts did not even mention the factual narration of the case set up by the parties on the question of award of permanent alimony and without there being any discussion, appreciation, reasoning and categorical findings on the material issues such as, financial earning capacity of husband to pay the alimony and also the financial earning capacity of wife, a direction to pay Rs.15,00,000/- by way of permanent alimony to the wife was given. In our opinion, such direction is wholly unsustainable in law”.

It is also reiterated that “Time and again, this Court has emphasized on the Courts the need to pass reasoned order in every case, which must contain the narration of the bare facts of the case of the parties to the lis, the issues arising in the case, the submissions urged by the parties, the legal principles applicable to the issues involved and the reasons in support of the findings 7 recorded based on appreciation of evidence on all the material issues arising in the case”

Read the judgment here  permanent alimony