In a 2020 judgment, the Supreme Court emphasized that alimony should be reasonable and realistic, ensuring that the spouse has proper financial support without turning it into a punishment for the other party. The bench, comprising Justice Indu Malhotra and Justice R. Shubhash Reddy, highlighted the importance of maintaining a balance in alimony awards to prevent either spouse from facing extreme financial hardship.
In the case of Rajnesh vs. Neha & Anr., the court ruled that the alimony amount should neither be excessively high to become oppressive for the payer nor too low to leave the recipient in poverty. The objective of alimony is to provide sufficient financial support to the spouse who needs it, ensuring they are not left in a destitute state due to the breakdown of the marriage.
The court stressed the need for transparency between both parties. It noted that during interim maintenance proceedings, wives might exaggerate their needs while husbands might conceal their actual income. To address this, the bench directed that both parties must file an affidavit disclosing their assets and liabilities in all maintenance proceedings before the district or family court.
Additionally, the Supreme Court provided guidelines for courts to consider while determining alimony:
- Marriage Duration: In long-duration marriages, where the relationship has lasted several years, this factor should be taken into account.
- Residence Orders: Under the Domestic Violence Act, magistrates may direct the respondent to pay rent and other expenses, considering the financial needs and resources of both parties.
- Wife’s Earnings: If the wife is earning, it does not bar her from receiving maintenance. The court must assess whether her income is sufficient to maintain herself according to the lifestyle she enjoyed in the matrimonial home. An able-bodied husband is presumed capable of earning enough to support his wife and children.
- Husband’s Financial Situation: The husband must provide sufficient evidence if he claims an inability to maintain his family due to reasons beyond his control. Failure to disclose the exact amount of his income may lead the court to draw an adverse inference against him.
The Supreme Court’s ruling aims to ensure fairness and prevent misuse of alimony provisions, promoting transparency and realistic financial support for spouses in need.
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