Permanent Alimony is awarded to Ensure Decent Living Standard For Wife

Supreme Court Orders Rs. 2 Crores Permanent Alimony in Landmark Divorce Case

On July 15, the Supreme Court, in a significant ruling, ordered the dissolution of marriage between a couple, emphasizing that the award of maintenance or permanent alimony should not be punitive but should ensure a decent living standard for the wife. The Court directed the husband to pay Rs. 2 Crores to his wife as permanent alimony, considering several critical factors and relying on a series of precedents.

 Key Observations by the Court

Social and Financial Status: The Bench, comprising Justices Vikram Nath and Prashant Kumar Mishra, highlighted that the status of the parties is a significant factor. This includes their social standing, lifestyle, and financial background.

Reasonable Needs: The Court stressed the importance of assessing the reasonable needs of the wife and dependent children, covering expenses for food, clothing, shelter, education, and medical care.

Qualifications and Employment Status: The educational and professional qualifications of the parties, along with their employment history, play a crucial role in evaluating their potential for self-sufficiency.

Independent Income and Assets: Any independent source of income or property owned by the parties is considered to determine if it is sufficient to maintain the standard of living experienced during the marriage.

Employment Sacrifices: The Court also considers whether the applicant had to sacrifice employment opportunities for family responsibilities, which could impact their career prospects.

Financial Capacity of Husband: The financial capacity of the husband, including his income, maintenance obligations, and liabilities, is crucial in determining the alimony amount.

 Case Background

The wife preferred the appeal against a Delhi High Court judgment that rejected her prayer to seek attachment to her husband's bank account and complete payment of interim maintenance. The couple had been living separately for the last nine years, and despite several mediation attempts, reconciliation was not achieved.

The Court noted that the husband's monthly income was over Rs. 8 Lakhs, while the wife's monthly income was Rs. 1,39,000. Both parties were educated and employed, with high standards of living and dependents to care for.

 Supreme Court's Ruling

The Supreme Court, considering the above factors, determined a fair and balanced alimony amount of Rs. 2 Crores. This amount covers all pending and future claims, with a timeline of four months for the husband to make the payment. The Court also dissolved the marriage, exercising its discretionary power under Article 142 of the Indian Constitution, stating that it had irretrievably broken down due to long-standing differences.

 Implications of the Ruling

This landmark ruling sets a precedent for future cases, emphasizing that alimony should ensure a decent living standard for the wife without being punitive. It reinforces the importance of considering both parties' social status, reasonable needs, and financial capacity.