Husband In Position To Pay Higher Amount, SC Revises Permanent Monthly Alimony For Wife
In a significant ruling on permanent alimony, the Supreme Court recently enhanced the monthly maintenance payable to a woman from Rs 20,000 to Rs 50,000, holding that the quantum awarded earlier did not reflect the standard of living she had enjoyed during the marriage.
A bench comprising Justices Vikram Nath and Sandeep Mehta observed that the husband’s income and financial disclosures demonstrated his capacity to pay a higher amount.
“Having considered the submissions and materials on record, we are of the view that the quantum of permanent alimony fixed by the High Court requires revision,” the bench noted.
The appellant-wife, Rakhi Sadhukhan, had approached the Top Court challenging the Calcutta High Court's 2019 judgment which, while granting a decree of divorce to her husband Raja Sadhukhan, awarded her a permanent alimony of Rs 20,000 per month with a 5% increase every three years.
She contended that the sum was inadequate and originally granted as interim maintenance, not as a final amount.
Background of the Case
The couple married on June 18, 1997, and had a son on August 5, 1998. In 2008, the husband filed a matrimonial suit under Section 27 of the Special Marriage Act, 1954, seeking divorce on the grounds of cruelty. The wife, in turn, sought interim maintenance under Section 24 of the Hindu Marriage Act, 1955.
The Trial Court dismissed the husband’s plea for divorce in 2016, holding that he had failed to prove cruelty. However, the High Court, by its judgment dated June 25, 2019, allowed his appeal, granted divorce on the grounds of mental cruelty and irretrievable breakdown of marriage, and directed him to:
1. Redeem the mortgage on the flat where the wife resided and transfer title in her name,
2. Allow the wife and son to continue residing in the said flat,
3. Pay the wife permanent alimony of Rs 20,000 per month with a 5% increase every three years.
The wife appealed to the Supreme Court solely on the issue of enhancement of alimony. The Court issued notice confined to this question on February 20, 2023.
Husband’s Submissions and Financial Disclosures
The husband submitted that his net monthly income was Rs 1,64,039 from his position at the Institute of Hotel Management, Taratala, Kolkata. He produced salary slips, bank statements, and tax returns for FY 2023–24. He stated that he was previously employed with the Taj Hotel, earning a gross annual salary of Rs 21,92,525.
He also contended that his monthly household expenses amounted to Rs 1,72,088, and that he had since remarried, had dependent family members, and aged parents to support. He further argued that their 26-year-old son was now financially independent.
Interim Order and Final Ruling
On November 7, 2023, the Supreme Court passed an interim order enhancing the alimony to Rs 75,000 per month with effect from November 1, 2023, noting that the husband had not appeared despite proof of service. He later appeared and sought vacation of the interim relief.
Rejecting his objections and upholding the wife’s plea for higher maintenance, the Court concluded that she, having remained unmarried and living independently, was entitled to a sum reflective of her marital standard of living.
“In our considered opinion, a sum of Rs 50,000 per month would be just, fair and reasonable to ensure financial stability for the appellant-wife. This amount shall be subject to an enhancement of 5% every two years,” the Court directed.
The bench also considered factors such as inflation and the wife’s continued financial dependence on maintenance.
Regarding the son, the Court clarified that since he was now 26 years old, no further financial direction was warranted. However, it left the door open for voluntary contributions by the father.
“We clarify that the son’s right to inheritance remains unaffected, and any claim to ancestral or other property may be pursued in accordance with law,” the Court said.
Case Title: Rakhi Sadhukhan vs Raja Sadhukhan