In a landmark ruling aimed at ensuring fair livelihood post-divorce, the Supreme Court of India has significantly increased the permanent alimony for a divorced wife and reaffirmed provisions relating to home ownership:
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The Court raised the wife’s permanent alimony to ₹50,000 per month, subject to a 5% increase every two years.
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It also mandated the ex-husband to settle the outstanding loan on their marital home and transfer ownership to her.
This decision reverses the 2016 Calcutta High Court order, which had fixed alimony at just ₹20,000/month with a 5% uplift every three years. The apex court held that such a nominal amount failed to maintain the wife’s standard of living, given the husband’s significant monthly income, estimated at ₹4 lakhs.
Judicial Reasoning:
The bench, led by Justices Vikram Nath and Sandeep Mehta, emphasized that the new figure ensures the divorced spouse isn’t pushed into financial distress post-separation. It noted an interim directive earlier in 2023 that temporarily raised the amount to ₹75,000/month, underscoring the need to match maintenance to actual needs.
Legal Precedents Cited:
Bench referred to cases like Kiran Jyot Maini v. Anish Pramod Patel, holding that while spousal maintenance should support a dignified lifestyle, it is not meant to equalize wealth levels or penalize the other spouse.
Implications of the Order:
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Sets fresh precedent on maintenance quantum, emphasizing fairness and actual standard-of-living considerations.
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Reinforces alimony as a means of sustenance, not retribution.
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Clarifies that property rights and financial obligations are integral to divorce settlements.
