The Division bench of Apex Court delivered this judgment, emphasizing the need for reasoned judgments and the damage caused by cryptic orders.
From Para 8,
8. The short question, which arises for consideration in this appeal, is whether the Division Bench of the High Court was justified in dismissing the appellant’s appeal in limine and thereby upholding the order of the Family Judge insofar as it related to awarding permanent alimony of Rs.15,00,000/- to the wife(respondent).
From Para 13,
13. The only question involved in the appeal before the High Court, which was carried to this Court in this appeal by the appellant (husband), was whether the award of permanent alimony of Rs.15,00,000/- by the Family Court to the respondent(wife) was legally and factually sustainable.
15. In our view, mere perusal of the order of the Family Court and the High Court quoted supra, would go to show that both the Courts failed to apply their judicial mind to the factual and legal controversy insofar as award of permanent alimony to the respondent(wife) is concerned. 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.
16. 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 recorded based on appreciation of evidence on all the material issues arising in the case.
17. It is really unfortunate that neither the Family Court nor the High Court kept in mind these legal principles and passed cryptic and unreasoned orders. Such orders undoubtedly cause prejudice to the parties and in this case, it caused prejudice to the appellant(husband) because the orders of the High Court and Family Court deprived him to know the reasons for fixing the permanent alimony amount of Rs.15,00,000/- payable to his wife.
18. We cannot countenance the manner in which both the Courts passed the order which has compelled us to remand the matter to the Family Court for deciding the issue afresh on merits.
Jalendra Padhiary Vs Pragati Chhotray on 17 April 2018
Citations : [2018 SCC 16 773], [2019 SCC CIV 1 703], [2018 SCC ONLINE SC 391], [2018 AIR SC 2091], [2018 ALD 4 130], [2018 ALR 130 51], [2018 AIC 188 178], [2018 CHN 3 144], [2018 CTC 6 813]
Other Sources :