Hindu Marriage Act, 1955 – Decree of divorce – Permanent alimony – The Family Court granted a decree of divorce and awarded Rs.15,00,000/- as permanent alimony – The High Court upheld the grant of divorce on the ground of cruelty and held that the Rs.15,00,000/- awarded as alimony by the Family Court was appropriate – Correctness:
Held: Decree of divorce affirmed – Determination of alimony requires consideration of multiple factors – It is evident from the material on record that the respondent has the capacity to pay a higher amount than that awarded by the Family Court – At the same time, although the appellant claims to be unemployed, she is highly qualified and has the ability to earn and sustain herself – She is not in a state of acute economic deprivation – A balanced approach, weighing the respondent’s capacity and the appellant’s needs, must therefore be adopted – Considering the evidence on record, this Court finds it just and equitable to enhance the permanent alimony to Rs.50,00,000/- as a one-time settlement – This amount will reasonably secure the appellant’s future and ensure a standard of living commensurate with her circumstances. [Paras 9, 10]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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