Permanent Alimony Should Ensure Decent Living for Wife Without Penalizing Husband: SC

Permanent Alimony Should Ensure Decent Living for Wife Without Penalizing Husband: SC

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New Delhi: The Supreme Court on Tuesday directed a husband to pay ₹5 crore as permanent alimony to his wife in a one-time settlement after dissolving their marriage. The bench, comprising Justices Vikram Nath and Prasanna B. Varale, also ordered the husband to provide ₹1 crore for the financial security of their adult son.

Key Highlights:

  • The couple lived separately for nearly two decades after six years of marriage, with both leveling allegations against each other.
  • The court deemed the marriage “irretrievably broken” and focused on granting permanent alimony under the Hindu Marriage Act.
  • Citing cases like Rajnesh v. Neha (2021) and Kiran Jyot Maini v. Anish Pramod Patel (2024), the court listed factors for deciding alimony, including:
    1. Status and financial capacity of both parties.
    2. Wife’s reasonable needs and standard of living during marriage.
    3. Husband’s income, liabilities, and financial capacity.
    4. Wife’s employment status and sacrifices made for family responsibilities.

The court emphasized that alimony should not penalize the husband but ensure the wife enjoys a decent standard of living.

Observing that the husband, earning ₹10-12 lakh per month in a managerial role at a foreign bank, could support his unemployed wife, the court determined ₹5 crore was an appropriate one-time settlement.

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