In a significant judgment delivered on July 15, 2024, the Supreme Court of India elucidated the key factors to be considered while determining permanent alimony in matrimonial disputes. The bench comprising Justices Vikram Nath and Prashant Kumar Mishra provided a comprehensive framework for calculating maintenance amounts in their ruling on Criminal Appeal Nos. arising from Special Leave Petition (Criminal) Nos. 672-675 of 2024 and 1168-1171 of 2024.
Background:
The case involved Kiran Jyot Maini (appellant-wife) and Anish Pramod Patel (respondent-husband), whose marriage was solemnized on April 30, 2015. Within a year, the wife filed an FIR against the husband alleging cruelty, hurt, and dowry demands. The couple had been living separately for nine years, with multiple legal proceedings pending between them.
Key Legal Issues:
1. Irretrievable breakdown of marriage
2. Determination of permanent alimony
3. Factors to be considered for one-time settlement
Court’s Decision:
1. Irretrievable Breakdown of Marriage:
The Court observed that the marriage had irretrievably broken down, citing the long separation, multiple failed reconciliation attempts, and pending litigations. Using its powers under Article 142 of the Constitution, the Court dissolved the marriage.
2. Permanent Alimony:
The Court awarded a one-time settlement of Rs. 2 Crores as permanent alimony to be paid by the husband within four months.
3. Factors for Determining Alimony:
The Court outlined several factors to be considered while fixing permanent alimony:
– Income and properties of both parties
– Social and financial status
– Reasonable needs of the wife and dependent children
– Qualifications and employment status
– Independent income or assets
– Standard of living during marriage
– Employment sacrifices for family responsibilities
– Reasonable litigation costs for a non-working wife
– Financial capacity of the husband, including income, obligations, and liabilities
Important Observations:
The Court emphasized that there is no fixed formula for calculating maintenance, stating: “The question of maintenance is subjective to each case and depends on various factors and circumstances as presented in individual cases”.
On the objective of maintenance, the Court noted: “The primary objective is to prevent the dependent spouse from being reduced to destitution or vagrancy due to the failure of the marriage, rather than punishing the other spouse”.
The judgment also stressed: “Even if the wife is earning, it does not bar her from receiving maintenance; the Court should assess whether her income suffices to maintain a lifestyle similar to that in the matrimonial home”.
This landmark judgment provides clear guidelines for lower courts to follow when determining permanent alimony in matrimonial disputes, ensuring a fair and balanced approach that considers the unique circumstances of each case.
