Permanent alimony shouldn't penalize husband but ensure decent living for wife: Supreme Court
The Supreme Court on Tuesday directed a husband to grant permanent alimony of Rs 5 crore to his wife as a one-time settlement to dissolve their long-standing marital ties.
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FollowThe Supreme Court on Tuesday directed a husband to grant permanent alimony of Rs 5 crore to his wife as a one-time settlement to dissolve their long-standing marital ties. The top court further emphasized a father’s duty to support his child, ordering the husband to allocate Rs 1 crore for the financial stability and maintenance of his adult son, reported Live Law.
Also read: Woman demands Rs 40 lakh alimony from husband just one month after marriage (WATCH)
The verdict was delivered by a bench comprising Justices Vikram Nath and Prasanna B. Varale, who highlighted that the marriage had no prospects of reconciliation. The couple had lived apart for over two decades following six years of marriage. The husband accused the wife of being hypersensitive and indifferent to his family, while the wife countered by alleging poor treatment from her spouse.
The court resolved to focus on granting permanent alimony rather than dwelling on jurisdictional or interim maintenance disputes under the Hindu Marriage Act.
Factors in alimony decisions
Before determining the alimony amount, the court referenced landmark cases, including Rajnesh v. Neha (2021) and Kiran Jyot Maini v. Anish Pramod Patel (2024), which laid out critical parameters for such settlements.
The Court listed out the following factors that required due weightage while deciding the permanent alimony amount:
- Status of the parties, social and financial.
- Reasonable needs of the wife and the dependent children.
- Parties' individual qualifications and employment statuses.
- Independent income or assets owned by the applicant.
- Standard of life enjoyed by the wife in the matrimonial home.
- Any employment sacrifices made for the family responsibilities.
- Reasonable litigation costs for a non-working wife.
- Financial capacity of the husband, his income, maintenance obligations, and liabilities."
The court remarked, “The amount of permanent alimony should not penalize the husband but must ensure a decent standard of living for the wife.”
In this case, the wife, who had been a homemaker, lacked independent income, while the husband held a managerial position at a foreign bank with a monthly salary between Rs 10 and Rs 12 lakh. Considering these factors, the court deemed Rs 5 crore a fair and balanced amount for the wife to rebuild her life post-divorce.
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