In a recent decision, the Supreme Court of India ordered a man to pay ₹50,000 per month as permanent alimony to his divorced wife, with a 5% increase every two years. The court also directed him to transfer the ownership of the house to her.
The decision came in the case of Rakhi Sadhukhan vs. Raja Sadhukhan, where the couple had been married since 1997 and separated in 2008. They have one son, born in 1998. The Calcutta High Court had earlier granted a divorce on grounds of mental cruelty and irretrievable breakdown of the marriage, awarding the wife ₹20,000 per month as alimony, with a 5% raise every three years.
Unsatisfied with this amount, the wife moved the Supreme Court, arguing that the money was insufficient considering her former husband’s high income and the rising cost of living. She stated that her husband earns a net monthly salary of ₹1.64 lakh and that the earlier amount did not allow her to maintain the same lifestyle she had during the marriage.
The Supreme Court bench, consisting of Justice Vikram Nath and Justice Sandeep Mehta, agreed with the wife. They emphasized that she is entitled to live with dignity and should enjoy a lifestyle similar to what she had during the marriage. The court also noted that the husband has the financial ability to pay more, despite his commitments to a second wife and elderly parents.
The judges increased the monthly alimony to ₹50,000, with a 5% increment every two years. They acknowledged inflation and the wife’s dependence on the maintenance as her primary financial support.
On the matter of their 26-year-old son, the court clarified that since he is now an adult and financially independent, the father is not legally obligated to support him. However, the father may choose to help with reasonable expenses like education. The son’s inheritance rights remain intact and can be claimed under relevant laws.
This verdict ensures that women in similar situations are protected and supported, especially when they have no other source of income and have remained unmarried after divorce.
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