The Supreme Court has recently directed a husband to pay ₹50,000 per month as permanent alimony to his divorced wife. The amount will also increase by 5% every two years, ensuring that she maintains the same standard of living she had during her marriage.
A bench of Justice Vikram Nath and Justice Sandeep Mehta passed the judgment in the case Rakhi Sadhukhan v. Raja Sadhukhan, where the wife challenged the amount of alimony granted by the Calcutta High Court.
The couple married in 1997 and separated in 2008. Their son, born in 1998, is now financially independent. The High Court had earlier awarded the wife ₹20,000 per month with a 5% increase every three years, but she argued that the amount was too low compared to her husband’s income and the rising cost of living.
The wife highlighted that her husband, employed at the Institute of Hotel Management, Kolkata, earns a net monthly salary of ₹1.64 lakh. She contended that the earlier award did not match the lifestyle she had during the marriage.
On the other hand, the husband argued that he had to support his second wife, dependent family members, and aged parents. However, the Supreme Court held that his income and financial disclosures showed he could afford to pay more.
The Court emphasized that since the wife has remained unmarried and lives independently, she is entitled to adequate financial support for her future security.
In its ruling, the Court not only enhanced the alimony but also directed the transfer of the title deed of the marital house to the wife, securing her financial stability.
Regarding the son, the bench clarified that since he is now an adult, no legal maintenance is required. However, the father may voluntarily support his education or other reasonable expenses. The Court also confirmed that the son’s inheritance rights remain protected under law.
This judgment highlights that maintenance should ensure a divorced spouse’s dignity, financial independence, and standard of living, taking into account inflation and changing financial realities.
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