The Supreme Court, in a recent ruling has enhanced the permanent alimony payable to the wife to ₹50,000 per month, nearly doubling the amount previously awarded by the Calcutta High Court, to ensure that she can live with the standard of living she enjoyed during the marriage and which reasonably secures her future.
The Court observed that 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."
A bench comprising Justice Vikram Nath and Justice Sandeep Mehta delivered the judgment in Rakhi Sadhukhan v. Raja Sadhukhan while deciding an appeal challenging the quantum of alimony awarded following the irretrievable breakdown of the marriage. The couple, married in 1997, separated in 2008, with a son born in 1998.
The High Court had earlier granted a decree of divorce on grounds of mental cruelty and irretrievable breakdown of marriage, awarding permanent alimony at ₹20,000 per month, subject to a 5% increase every three years. Dissatisfied with this, the wife approached the Supreme Court seeking an increase in the alimony, arguing that the award was inadequate given her estranged husband's financial status.
During the hearing, the wife pointed out that the husband, who is employed at the Institute of Hotel Management in Kolkata, has a net monthly income of ₹1.64 lakh. She contended that the alimony awarded was too low to match the standard of living she had enjoyed during the marriage and did not reflect the current cost of living.
The husband argued that he had substantial financial commitments, including supporting his second wife, a dependent family, and aged parents. He also highlighted that their son was now 26 years old and financially independent.
The Supreme Court, however, observed:
“The respondent-husband's income, financial disclosures, and past earnings establish that he is in a position to pay a higher amount. The appellant-wife 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.”
The Court enhanced the alimony to ₹50,000 per month, subject to a 5% increase every two years,taking into account inflationary pressures and the wife's continued reliance on maintenance as her sole financial support.
Regarding the son's claim, the bench clarified that since he is now an adult, no mandatory maintenance would be required, but the father may voluntarily assist with educational or other reasonable expenses if he wishes. The Court also emphasized that the son's inheritance rights remain unaffected and can be pursued under applicable laws.
Case Title: Rakhi Sadhukhan Vs Raja Sadhukhan
