Supreme Court: Divorced Wife Who Remains Unmarried Is Entitled to Maintenance Matching the Standard of Living She Enjoyed During Marriage
Supreme Court Raises Alimony for Divorced Wife to ₹50,000 a Month, Citing Need to Maintain Her Marital Standard of Living
In a significant decision, the Supreme Court has increased the monthly permanent alimony for a divorced woman to ₹50,000, nearly double the ₹20,000 previously awarded by the Calcutta High Court. The Court stated that the revised amount aims to ensure the woman can maintain the standard of living she enjoyed during her marriage and provides her with a secure future.
The judgment was delivered by a bench comprising Justice Vikram Nath and Justice Sandeep Mehta in the case Rakhi Sadhukhan v. Raja Sadhukhan. The case involved a marriage that began in 1997 and ended in separation by 2008. The couple also has a son, born in 1998. The Calcutta High Court had granted divorce on grounds of mental cruelty and the irretrievable breakdown of the marriage, awarding the wife permanent alimony of ₹20,000 per month, with a 5% increase every three years.
However, the wife challenged the alimony amount in the Supreme Court, arguing that it was insufficient, especially considering her ex-husband’s income and her own financial dependency. She informed the Court that her former husband, an employee at the Institute of Hotel Management in Kolkata, earns a net monthly salary of ₹1.64 lakh. She asserted that the alimony amount did not align with the lifestyle she was accustomed to during the marriage, nor did it reflect the rising cost of living.
The husband, on the other hand, claimed that he was already under financial strain, having to support his second wife, aged parents, and other family members. He also pointed out that their son is now 26 years old and financially independent, implying that there were no ongoing child-related financial responsibilities.
After examining the financial details, the Supreme Court concluded that the husband is in a position to pay more. The bench stated that the wife, who has not remarried and is living independently, is indeed entitled to an amount that reflects her former standard of living and secures her future. Taking inflation into account and acknowledging that the wife depends entirely on alimony for her livelihood, the Court revised the monthly maintenance to ₹50,000, with a 5% increase every two years.
The Court also clarified that, since the son is now an adult, the father is not legally obligated to provide for him. However, it noted that the father may still choose to contribute to any reasonable expenses, such as education or emergencies, out of goodwill. Importantly, the Court reaffirmed that the son’s inheritance rights remain fully intact and can be exercised as per applicable laws.
