In a significant ruling, the Supreme Court of India has enhanced the permanent alimony of a divorced woman to ₹50,000 per month, reaffirming her right to live with dignity and financial stability reflective of the lifestyle she had during her marriage.
The bench, comprising Justice Vikram Nath and Justice Sandeep Mehta, delivered this judgment in the case of Rakhi Sadhukhan vs Raja Sadhukhan, modifying a previous decision by the Calcutta High Court. The couple had married in 1997 and separated in 2008. They have a son, born in 1998.
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Background of the Case
The matrimonial dispute began when the husband filed for divorce in 2008, alleging cruelty. Over the years, multiple proceedings ensued. The trial court dismissed the divorce petition in 2016. However, in 2019, the Calcutta High Court allowed the husband’s appeal and granted a divorce on the grounds of mental cruelty and irretrievable breakdown of the marriage.
The High Court also directed:
- A permanent alimony of ₹20,000 per month to the wife with a 5% increase every three years.
- Transfer of ownership of a mortgaged flat to the wife.
- Permission for the wife and son to reside in the said flat.
- Additional educational and tuition expenses for the son.
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Feeling the alimony was insufficient, the wife appealed to the Supreme Court.
The appellant argued that ₹20,000 per month was originally meant as interim maintenance and not sufficient to sustain the lifestyle she was accustomed to. She stated that her former husband earns well over ₹1.64 lakh per month from his job at the Institute of Hotel Management in Kolkata, and previously had a higher income from working at Taj Hotel.
Despite remaining unmarried and living independently, the wife had no source of income and was entirely dependent on the alimony.
The husband contested the plea, citing:
- Current net income of ₹1.64 lakh.
- Household expenses totaling ₹1.72 lakh monthly.
- Responsibilities toward his second wife, dependent family, and aged parents.
He also added that their 26-year-old son is now financially independent.
Supreme Court's Observation and Judgment
“The appellant-wife 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,” the Court stated.
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The bench found the previously awarded amount inadequate given the husband's financial capacity. Taking into account the rising cost of living and the wife’s dependency on the maintenance, the Court enhanced the alimony to ₹50,000 per month with a 5% increase every two years.
Regarding the son, the Court declined to issue further support orders as he is now an adult. However, the father may voluntarily contribute to his educational or personal expenses if he wishes.
“The son’s right to inheritance remains unaffected and can be pursued as per the law,” the Court clarified.
The contempt petition and other pending applications were also disposed of accordingly.
Case Title: Rakhi Sadhukhan Vs Raja Sadhukhan
