Supreme Court Raises Alimony to Rs. 50 Lakh, Affirms Divorce Decree in Matrimonial Dispute

In a notable ruling that revisits the principles governing permanent alimony, the Supreme Court on Monday, 18 August 2025, upheld a decree of divorce while substantially enhancing the alimony payable to the wife from Rs. 15 lakh to Rs. 50 lakh as a one time settlement.

The bench of Justice Vikram Nath and Justice Sandeep Mehta partly allowed the appeal on the issue of financial relief, holding that a just and equitable balance had to be struck between the husband’s earning capacity and the wife’s need for long-term security.

While the decree of divorce on the ground of cruelty stood confirmed, the Court modified the orders of the Family Court and the Karnataka High Court, which had earlier limited permanent alimony to Rs. 15 lakh.

The marriage between the parties was solemnised in 2009. Differences soon emerged, leading the husband to file a petition before the Family Court in 2011 under Section 13(1)(a) of the Hindu Marriage Act, 1955, seeking dissolution of marriage on the ground of mental cruelty.

The wife contested the petition and filed a counterclaim for restitution of conjugal rights under Section 23(1)(a) of the Act.

During the proceedings, she also moved an application for interim maintenance. The Family Court initially granted her Rs.10,000 per month, which the High Court later enhanced to Rs. 25,000.

By its order dated 25 April 2015, the Family Court dissolved the marriage and directed the husband to pay a lump sum of Rs.15 lakh as permanent alimony.

Appeals were filed before the Karnataka High Court.

The wife sought to set aside the divorce and pressed for her counterclaim, while the husband challenged the quantum of alimony. The High Court, by a common order dated 18 November 2022, dismissed all three appeals.

It upheld the decree of divorce and confirmed the award of Rs.15 lakh, observing that the amount was appropriate given that both spouses were qualified professionals.

Aggrieved, the wife approached the Supreme Court. Notice was issued only on the question of alimony. The Court directed both parties to file affidavits disclosing their financial circumstances.

It was revealed that the husband, a doctor by profession, was earning approximately Rs.1.4 lakh per month, while the wife, though presently unemployed, held degrees in M.Tech (Computer Science) and LL.B. and was therefore equipped with the qualifications to sustain herself.

In assessing the rival claims, the Court made it clear that determination of alimony is not a mechanical exercise but requires weighing multiple factors, including the earning capacity of the husband, the qualifications and potential earning capacity of the wife, the standard of living to which the parties were accustomed, and the need to ensure dignity and security after the marriage has ended.

The bench observed that while the husband had the financial means to pay more than what had been awarded by the courts below, the wife was not in a situation of acute economic deprivation given her professional qualifications.

The bench remarked, "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.”

On this reasoning, the Court enhanced the permanent alimony to Rs. 50,00,000, payable in five equal instalments of Rs. 10,00,000 each between September 2025 and January 2026. 

The Court clarified that the enhanced sum would constitute a full and final settlement of all claims arising out of the marriage and the litigation between the parties.

By partly allowing the appeal, the Top Court reaffirmed the principle that alimony must be just, fair and equitable, securing the financial stability of the dependent spouse while not unduly burdening the earning partner. The decree of divorce therefore stood affirmed, but the quantum of alimony was substantially revised in favour of the wife.

Case Title: M.V. Leelavathi v. Dr. C.R. Swamy @ Dr. C.R. Kumara Swamy

Date of Judgment: August 18, 2025

Bench: Justice Vikram Nath and Justice Sandeep Mehta