Case No.
Civil Appeal No. 10209 of 2024
Bench
Vikram Nath, Sandeep Mehta
Citation
[2025] 5 S.C.R. 782 : 2025 INSC 789
Acts & Sections
Special Marriage Act, 1954
Hindu Marriage Act, 1955
Supreme Court Reports
[2025] 5 S.C.R. 782 : 2025 INSC 789
Issue for consideration
Whether the quantum of permanent alimony of Rs.20,000/- per month, subject to a 5% increase every three years, fixed by the High Court ought to be enhanced.
Headnote
Permanent alimony – Quantum of – Enhancement of: Held: Respondent-husband’s income, financial disclosures and past earnings establish that he can pay a higher amount – Appellant-wife who has remained unmarried and is living independently is entitled to a level of maintenance that is reflective of the standard of living she enjoyed during the marriage and which reasonably secures her future – Furthermore, the inflationary cost of living and her continued reliance on maintenance as the sole means of financial support necessitate a reassessment of the amount – Permanent alimony enhanced to Rs.50,000/- per month, subject to a 5% increase every two years – Impugned order modified to that extent. [Paras 7-9]
Keywords:
Quantum of permanent alimony · Enhancement of permanent alimony · Husband in a position to pay a higher amount · Wife remained unmarried, living independently · Entitled to a level of maintenance · Standard of living enjoyed during the marriage · Inflationary cost of living · Continued reliance on maintenance · Financial stability for the wife · Permanent alimony enhanced · Reassessment of Permanent alimony · Divorce granted on the ground of mental cruelty and irretrievable breakdown of marriage
As published in the Supreme Court Reports, Supreme Court of India.
Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs),
CC BY 4.0.
Full Judgment Text
Judgment
Vikram Nath, J.
1. The present appeal arises out of the order dated 25.06.2019 passed by the High Court of Calcutta in FA No. 92 of 2019 (FAT No. 122 of 2015), whereby the Division Bench allowed the respondent-husband’s appeal and granted a decree of divorce, awarding permanent alimony of Rs. 20,000/- per month to the appellant-wife, with an increase of 5% every three years.
2. The facts relevant to the present appeal are as follows:
2.1 The appellant-wife and respondent-husband were married on 18.06.1997.
2.2 A son was born to the them on 05.08.1998.
2.3 In July 2008, the respo
Full text available to subscribers
Subscribe to access complete judgment text, daily digests, and AI-powered legal research tools.
For informational and research purposes only.
View Subscription Plans →
Annual plans from ₹1,599 + GST.
This page is for informational and research purposes only and does not constitute legal advice.
Consult a qualified advocate for advice specific to your situation.
