SC Orders ₹5 Crore Alimony to Wife and ₹1 Crore to Adult Son After Granting Divorce
The Supreme Court of India has directed a man to pay ₹5 crore as permanent alimony to his wife and ₹1 crore for the financial security of their adult son as part of a one-time settlement following the dissolution of their marriage.
This verdict was issued by a bench comprising Justices Vikram Nath and Prasanna B. Varale on December 10, emphasizing the legal obligation of a father to support his child and ensure the wife’s financial independence post-divorce.
The couple, married for six years, had been living separately for over 20 years due to irreconcilable differences. The husband accused the wife of being overly sensitive and indifferent to his family, while the wife alleged poor behavior on his part.
Marriage Deemed Irretrievably Broken
The court observed that the marriage had reached an “irretrievable breakdown,” leaving no chance for reconciliation. This led the court to focus on granting permanent alimony to the wife, as per the Hindu Marriage Act, rather than addressing other interim maintenance disputes.
Factors Influencing Alimony
The Supreme Court outlined key factors considered when determining the alimony amount:
- Social and financial status of both parties.
- Reasonable needs of the wife and dependent children.
- Educational qualifications and employment status of both individuals.
- Independent income or assets owned by the applicant.
- Standard of living during the marriage.
- Employment sacrifices made by the wife for family responsibilities.
- Litigation costs, especially for non-working wives.
- Financial capacity of the husband, including his income and liabilities.
These considerations were guidelines rather than rigid rules, ensuring a fair and balanced approach.
Aims of Alimony
The Court stressed that alimony should not penalize the husband but should enable the wife to maintain a reasonable standard of living post-divorce. It referenced a previous case to highlight that the settlement amount should strike a balance between fairness and practicality.
Final Settlement
Given the wife’s status as a homemaker and the husband’s position as a manager at a foreign bank with a monthly salary of ₹10–12 lakh, the Court deemed ₹5 crore as an appropriate one-time settlement amount. Additionally, ₹1 crore was allocated for the son’s financial security.
Case Title: Parvin Kumar Jain vs. Anju Jain
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