Permanent Alimony Should Ensure Decent Living for Wife Without Penalizing Husband: SC
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:
- Status and financial capacity of both parties.
- Wife’s reasonable needs and standard of living during marriage.
- Husband’s income, liabilities, and financial capacity.
- 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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