Patna, Oct. 9 -- The Patna High Court has set aside a family court order dismissing a woman''s divorce petition and granted her a divorce, directing her husband to pay Rs 50 lakh as permanent alimony.
A division bench comprising Justice Bibek Chaudhuri and Justice Rana Vikram Singh faulted the family court for applying an incorrect law while deciding the case.
The High Court noted that divorce proceedings involving Christian spouses are governed by the Divorce Act, 1869, and expressed concern over the family court's reliance on Section 10(1) of the Indian Christian Marriage Act, 1872.
The court granted the divorce on the ground of desertion, observing that the couple had been living separately since March 2010. The wife had filed the div...