Summary
The wife challenged the High Court's affirmance of a decree of divorce and of Rs.15,00,000 permanent alimony. Notice having been issued only on alimony, the Supreme Court weighed the husband's capacity to pay (a doctor earning about Rs.1.4 lakh a month) against the wife's needs and her own high qualifications, affirmed the divorce and enhanced the permanent alimony to Rs.50,00,000 as a one-time settlement payable in five monthly instalments.
Issues
- Whether permanent alimony of Rs.15,00,000 awarded by the Family Court and upheld by the High Court was adequate, having regard to the husband's income and the wife's qualifications and needs.
Provisions considered
- Section 13(1) (divorce on the ground of cruelty), Hindu Marriage Act, 1955The husband's petition for dissolution on the ground of mental cruelty had been decreed by the Family Court and affirmed by the High Court; the Supreme Court issued notice only on alimony and affirmed the decree of divorce without re-examining it. (¶¶ 3.2, 3.7, 5, 13)
- Section 24 (maintenance pendente lite), Hindu Marriage Act, 1955Noted as part of the history: interim maintenance of Rs.10,000 per month awarded by the Family Court had been enhanced by the High Court to Rs.25,000 per month in a writ petition. (¶ 3.4)
Held
- Determination of permanent alimony requires consideration of multiple factors and a balanced approach: the respondent-husband's capacity to pay (income tax returns showing about Rs.1.4 lakh per month) showed he could pay more than the Family Court awarded, while the appellant-wife, though claiming to be unemployed, holds an M.Tech and an LL.B., is able to earn and sustain herself and is not in acute economic deprivation. (¶¶ 6, 7, 8, 9)
- Weighing the husband's capacity and the wife's needs, it was just and equitable to enhance the permanent alimony from Rs.15,00,000 to Rs.50,00,000 as a one-time settlement, an amount that reasonably secures the wife's future and a standard of living commensurate with her circumstances. (¶¶ 10, 13)
- The enhanced amount is payable in five equal monthly instalments of Rs.10,00,000 between 30.09.2025 and 31.01.2026, the wife to furnish her bank account details; all claims arising from the marriage and the litigation stand fully and finally settled. (¶¶ 11, 12, 13)
- Since notice was issued only on the question of alimony, the decree of divorce was affirmed. (¶¶ 5, 13)
Result
Appeals partly allowed; decree of divorce affirmed; High Court's order modified so that permanent alimony payable to the wife is Rs.50,00,000 as a one-time settlement, in five monthly instalments of Rs.10,00,000 ending 31.01.2026; all claims from the marriage and the litigation finally settled; pending applications disposed of.