Supreme Court: Alimony Must Be Fair, Practical, and Not a Punishment
In a 2020 ruling, the Supreme Court of India stated that maintenance or alimony awarded after a divorce must be reasonable and realistic. The Court emphasized that the goal of maintenance is to support the spouse who is in need—not to punish the other partner.
The judgment was delivered by a bench consisting of Justice Indu Malhotra and Justice R. Subhash Reddy in the case of Rajnesh vs. Neha & Anr.
The Court said:
“Alimony should not be too high to burden the paying spouse or too low to leave the other spouse in poverty. It must be balanced.”
Key Points from the Judgment:
- Alimony Is for Support, Not Revenge:
The purpose is to ensure the dependent spouse is not left without financial help due to a failed marriage. It should not be used to punish the paying partner. - Realistic and Fair Amount:
The amount should match the actual needs and ability to pay. It should not force one into poverty or give unreasonable luxury to the other. - Mandatory Disclosure of Finances:
Both partners must submit an affidavit showing their income, assets, and liabilities during maintenance hearings. This prevents the wife from overstating her needs and the husband from hiding his income. - Important Factors Courts Must Consider:
- Length of the Marriage: Long marriages require more serious consideration of continued support.
- Domestic Violence Act: Courts can order rent or payments based on the couple’s financial status.
- Wife’s Income: Even if the wife earns, she can still get maintenance if her income is not enough to live at the standard she had in marriage.
- Husband’s Responsibility: A healthy man is expected to earn for his family. He must prove, with evidence, if he cannot afford to pay. If he hides his income, the court can assume he is lying.
This landmark ruling promotes fairness, financial clarity, and justice in maintenance cases across Indian courts.
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
