New Delhi: The Supreme Court of India has delivered a significant judgment enhancing permanent alimony in a divorce case, emphasizing the importance of ensuring financial security for divorced women and maintaining their standard of living post-marriage.
Justice Vikram Nath and Justice Sandeep Mehta made key observations on the quantum of alimony and its adequacy in relation to the husband’s income and the wife’s needs.
The court addressed Civil Appeal No. 10209 of 2024, filed by Rakhi Sadhukhan against her ex-husband Raja Sadhukhan. It noted that the couple was married on June 18, 1997, and had a son born on August 5, 1998, before their marriage broke down irretrievably.
Addressing concerns about the alimony amount, the court observed:
“The quantum of permanent alimony fixed by the High Court requires revision. The respondent-husband’s income, financial disclosures, and past earnings establish that he is in a position to pay a higher amount.”
The court highlighted the inadequacy of the original alimony award, stating:
“The appellant-wife contends that the amount of ₹20,000 per month, which the High Court made final, was originally awarded as interim maintenance. She submits that the respondent-husband has a monthly income of approximately ₹4,00,000, and the quantum of alimony awarded is not commensurate with the standard of living maintained by the parties during the marriage.”
In a specific directive, the court ruled:
“In our considered opinion, a sum of ₹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 court emphasized the need for alimony to reflect the wife’s previous standard of living, noting that:
“The appellant-wife, who has remained unmarried and is living independently, is entitled to a level of maintenance reflective of the standard of living she enjoyed during the marriage and which reasonably secures her future.”
The husband’s advocate presented financial details showing his current net monthly income as ₹1,64,039 from his employment at the Institute of Hotel Management, Taratala, Kolkata, along with monthly household expenses of ₹1,72,088.
The court also clarified that their son, now aged 26, would not receive mandatory financial support, though the father may voluntarily assist with educational or reasonable expenses. The son’s inheritance rights remain unaffected.
Notably, the Supreme Court had initially enhanced the monthly maintenance to ₹75,000 through an interim order dated November 7, 2023, before settling on the final amount of ₹50,000 per month.
Case Title: Rakhi Sadhukhan vs. Raja Sadhukhan
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