The Supreme Court on Tuesday (Dec. 10) directed a husband to pay Rs. 5 Crores as permanent alimony to his wife in a one-time settlement following the dissolution of their marriage.
Issuing this directive, the bench comprising Justices Vikram Nath and Prasanna B. Varale emphasized the husband’s duty to provide for his child, ordering him to allocate Rs. 1 Crore for the maintenance and financial security of his adult son.
The appellant (husband) and respondent (wife) had lived separately for nearly two decades after six years of marriage. While the husband alleged that the wife was overly sensitive and treated his family poorly, the wife claimed that the husband’s behavior toward her was inappropriate.
Acknowledging that the couple had been living apart for an extended period and there was no possibility of resuming matrimonial obligations, the court determined that the marriage was “irretrievably broken.”
Although there were additional issues regarding jurisdiction and interim maintenance under the Hindu Marriage Act, the Court concluded that the primary matter requiring resolution was the grant of permanent alimony to the wife.
In determining the alimony amount, the Court referred to precedents, including Rajnesh v. Neha (2021) and Kiran Jyot Maini v. Anish Pramod Patel (2024), to identify the factors that should be considered.
The Court outlined the following factors to be given due weight while deciding permanent alimony:
1. The social and financial status of the parties.
2. The reasonable needs of the wife and dependent children.
3. The qualifications and employment status of the parties.
4. The applicant’s independent income or assets.
5. The standard of living enjoyed by the wife during the marriage.
6. Sacrifices made for family responsibilities, such as giving up employment.
7. Litigation expenses for a non-working wife.
8. The financial capacity, income, and liabilities of the husband.
The Court clarified that these factors do not constitute a rigid formula but serve as guidelines for determining alimony.
It further emphasized that the alimony amount should not unduly burden the husband but must ensure a decent standard of living for the wife.
As stated in Kiran Jyot Maini (Supra), the Court reiterated: “The amount of permanent alimony should not penalize the husband but must aim to ensure a decent standard of living for the wife.”
Considering the wife was unemployed and had primarily been a homemaker, while the husband held a managerial position in a foreign bank earning Rs. 10 to 12 Lakhs per month, the Court deemed Rs. 5 Crores an appropriate amount for the one-time settlement to dissolve the marriage.
Appearance:
For Petitioner(s):
Ms. Mukta Gupta, Sr. Adv., Mr. Viresh B. Saharya, AOR, Mr. Ujas Kumar, Adv., Ms. Tara Narula, Adv., Ms. Nitya Gupta, Adv., Ms. Aditi Gupta, Adv., Mr. Akshat Agarwal, Adv., Mr. Rishabh Mathur, Adv.
For Respondent(s):
Mr. Sanjay Jain, Sr. Adv., Ms. Anu Narula, Adv., Mr. Sarfaraz Ahmad, Adv., Ms. Harshita Sukhija, Adv., Mr. Nishank Tripathi, Adv., Ms. Palak Jain, Adv., Mr. Rishi Raj Sharma, AOR.
Case Title: Parvin Kumar Jain v. Anju Jain
