The Supreme Court of India, while upholding a decree of divorce, has significantly enhanced the permanent alimony for a highly qualified woman, taking into account her husband’s earning capacity and the need for a “balanced approach.” A bench comprising Justice Vikram Nath and Justice Sandeep Mehta increased the one-time settlement amount from ₹15,00,000 to ₹50,00,000.
The Court was hearing appeals filed by the wife against a common order of the High Court of Karnataka at Bengaluru, which had affirmed a Family Court’s decision to grant a divorce and award ₹15,00,000 as permanent alimony. The Supreme Court issued notice in the appeals limited to the question of alimony.
Case Background
The appellant-wife and the respondent-husband were married on February 27, 2009. The respondent, a doctor, pursued higher studies in Chandigarh, where the appellant, who holds an M.Tech in Computer Science and an LL.B. degree, joined him from December 2009 to July 2010. The appellant claimed to have financially supported the respondent during this period. The marriage is childless.
On June 15, 2011, the respondent-husband filed a petition for dissolution of marriage under Section 13(1)(a) of the Hindu Marriage Act, 1955 (HMA), on the ground of mental cruelty. In response, the appellant-wife filed objections and a counterclaim for restitution of conjugal rights under Section 23(1)(a) of the HMA.
During the proceedings, the Family Court, by an order dated August 2, 2013, awarded the appellant interim maintenance of ₹10,000 per month under Section 24 of the HMA. Dissatisfied, she approached the High Court, which enhanced the amount to ₹25,000 per month on September 12, 2014.
On April 25, 2015, the Family Court granted the decree of divorce and awarded ₹15,00,000 as permanent alimony. The appellant challenged this order in the High Court, which, by its order dated November 18, 2022, dismissed her appeals and upheld the Family Court’s decision. The High Court noted that while the wife expressed a willingness to resume marital life, the husband was unwilling. It observed that both parties were “capable individuals” and found the alimony amount appropriate.
Court’s Analysis and Decision
The Supreme Court directed both parties to file affidavits disclosing their income and liabilities to assess the relevant factors for determining alimony. The respondent, a doctor, was found to be earning approximately ₹1,40,000 per month. The appellant, despite her high qualifications, claimed to be unemployed.
The judgment noted that the determination of alimony requires the consideration of multiple factors. The Court observed, “It is evident from the material on record that the respondent has the capacity to pay a higher amount than that awarded by the Family Court.”
At the same time, the Court took into account the appellant’s qualifications and potential to earn. “At the same time, although the appellant claims to be unemployed, she is highly qualified and has the ability to earn and sustain herself. She is not in a state of acute economic deprivation,” the bench stated.
Adopting what it termed a “balanced approach, weighing the respondent’s capacity and the appellant’s needs,” the Supreme Court found it just and equitable to enhance the permanent alimony.
“Having considered the submissions and the evidence on record, we find it just and equitable to enhance the permanent alimony to Rs.50,00,000/- as a one-time settlement,” the Court ordered. It further stated, “This amount will reasonably secure the appellant’s future and ensure a standard of living commensurate with her circumstances.”
The Court directed the respondent to pay the amount in five equal monthly installments of ₹10,00,000 each, starting from September 30, 2025, and concluding on January 31, 2026.
In its final order, the Supreme Court partly allowed the appeals, affirming the decree of divorce but modifying the High Court’s order on alimony. The judgment clarified that with this payment, “All claims arising from the marriage and the present litigation shall stand fully and finally settled.”
