'Husband In Position To Pay Higher Amount': SC Revises Permanent Monthly Alimony For Wife

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Aggrieved by the quantum of alimony awarded, the wife had approached the apex court, which increased monthly amount from Rs 20,000 to Rs 50,000.
The Supreme Court has revised the permanent alimony for a woman by enhancing the monthly sum from Rs 20,000 to Rs 50,000 and allowing her plea that the quantum was not commensurate with the standard of living enjoyed by her during the subsistence of marriage.
A bench of Justices Vikram Nath and Sandeep Mehta held the respondent-husband's income, financial disclosures, and past earnings established that he was in a position to pay a higher amount.
The respondent-husband submitted that his current net monthly income was Rs 1,64,039, earned from his employment at the Institute of Hotel Management, Taratala, Kolkata. He also placed on record salary slips, bank statements, and income tax returns for the year 2023–2024. He stated he was earlier employed with the Taj Hotel, drawing a gross annual salary of Rs 21,92,525. He also submitted that his monthly household expenses total Rs 1,72,088, and that he has remarried, has a dependent family, and aged parents. He also contended that their son, now 26 years of age, was no longer financially dependent.
The appeal was filed by the wife against the division bench order, which allowed the respondent-husband's appeal and granted a decree of divorce, awarding permanent alimony of Rs 20,000 per month to her, with an increase of 5% every three years.
As per facts of the case, the appellant-wife and respondent-husband were married on June 18, 1997. A son was born to the them on August 05, 1998. In July 2008, the respondent-husband filed matrimonial suit under Section 27 of the Special Marriage Act, 1954 seeking dissolution of marriage on the ground of cruelty allegedly inflicted by the appellant-wife. Subsequently, the appellant-wife filed an application in the same suit under Section 24 of the Hindu Marriage Act, 1955, seeking interim maintenance for herself and the minor son.
The Trial Court, by its order of January 10, 2016, dismissed the matrimonial suit, finding that the respondent-husband had failed to prove cruelty.
The High Court, by the impugned order of June 25, 2019, allowed the respondent's appeal, granted a decree of divorce on the ground of mental cruelty and irretrievable breakdown of marriage, and directed him to redeem the mortgage on the flat where the appellant-wife was residing and transfer the title deed to her name; allow the appellant-wife and their son to continue residing in the said flat; and continue to pay permanent alimony of Rs 20,000 per month to the appellant-wife, subject to a 5% increase every three years.
Aggrieved by the quantum of alimony awarded, the appellant-wife approached the apex court.
The court, by its order of February 20, 2023, issued notice confined to the question of enhancement of permanent alimony awarded to the appellant-wife.
By an interim order of November 07, 2023, the court, noting the absence of representation on behalf of the respondent-husband despite proof of service, enhanced the monthly maintenance to Rs 75,000 with effect from November 01, 2023. The respondent-husband subsequently entered appearance and filed an application seeking vacation of the said interim order.
The appellant-wife contended that the amount of Rs 20,000 per month, which the High Court made final, was originally awarded as interim maintenance. She submitted that the respondent-husband has a monthly income of approximately Rs 4,00,000 and the quantum of alimony.
'Having considered the submissions and materials on record, we are of the view that the quantum of permanent alimony fixed by the High Court requires revision," the bench said.
The appellant-wife, who has remained unmarried and is living independently, is entitled to a level of maintenance that is reflective of the standard of living she enjoyed during the marriage and which reasonably secures her future. Furthermore, the inflationary cost of living and her continued reliance on maintenance as the sole means of financial support necessitate a reassessment of the amount, the court felt.
'In our considered opinion, a sum of Rs 50,000 per month would be just, fair and reasonable to ensure financial stability for the appellant-wife. This amount shall be subject to an enhancement of 5% every two years," the bench ordered.
With regard to the son, now aged 26, the bench said it was not inclined to direct any further mandatory financial support.
However, it is open to the respondent-husband to voluntarily assist him with educational or other reasonable expenses, it added.
'We clarify that the son's right to inheritance remains unaffected, and any claim to ancestral or other property may be pursued in accordance with law," the bench said, allowing the appeal.
About the Author
Sanya Talwar
Sanya Talwar, Editor at Lawbeat, has been heading the organisation since its inception. After practising in courts for over four years, she discovered her affinity for legal journalism. She has worked previousl...Read More
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tags :
alimony divorce supreme court
Location :
New Delhi, India, India
First Published:
June 18, 2025, 16:54 IST

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