Wife Entitled To Maintain Standard Of Living Commensurate With What She Enjoyed During Marriage: Supreme Court Asks Judicial Officer To Pay Rs 50 Lakh Alimony

The appeal before the Apex Court was filed against the judgment of the Punjab and Haryana High Court , whereby the High Court set aside the judgment of the Family Court, granted a decree of divorce, and awarded a sum of Rs 30 lakh as permanent alimony to the appellant-wife.

The Division Bench of Justice Vikram Nath and Justice Sandeep Mehta stated, “The respondent-husband is a serving judicial officer holding a responsible public position and is, therefore, under a heightened obligation to ensure fair, adequate, and dignified financial security for his wife and daughter. The appellant-wife, who is presently not engaged in legal practice, is entitled to maintain a standard of living broadly commensurate with what she enjoyed during the subsistence of the marriage. The child, now seventeen years of age and soon to pursue higher education, will also require continued financial support and stability.”

Factual Background

The marriage between the appellant-wife and respondent-husband was solemnised in 2008 in accordance with Hindu rites and ceremonies. At the time, the respondent-husband was undergoing training as a judicial officer at the Judicial Academy, Chandigarh, and the appellant/wife was practising as an Additional Advocate General. Presently, the respondent-husband is posted as a Family Court Judge a and the appellant-wife is no longer practising as an advocate. A daughter was born in 2009. In the year 2018, the respondent-husband instituted a petition for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The Family Court dismissed the petition holding that the allegation of cruelty was not proved and, it held that the respondent-husband subjected the appellant-wife to acts of cruelty. The High Court, in appeal, granted a decree of divorce.

Based on the offer made by the respondent-husband, the High Court awarded Rs 30 lakh as permanent alimony to the appellant-wife. It further directed that on maturity of the LIC policy purchased by the respondent-husband, the amount of Rs 41 lakh should be deposited in the account of the daughter, and Rs 30,000 per month should be deposited by the respondent-husband in his daughter’s account until she was able to maintain herself. It was in such circumstances that the appellant wife approached the Apex Court.

Reasoning

The Bench noted the fact that the appellant-wife opposed the dissolution of marriage, but it clarified that it would be in the best interest of both parties that they live apart. “It is an admitted fact that the parties have been residing separately since 2012 which is more than thirteen years now, and no substantial or meaningful effort has been made in restoring their matrimonial relationship”, it held.

On a perusal of the submission of the parties, the Bench found that the relationship had become deeply embittered and acrimonious over the years. “In these circumstances, we see no purpose in perpetuating a legal bond that has long ceased to have any substance. Continuing the marital tie would serve neither the spouses nor their child; rather, it would only prolong hostility and impede their ability to move forward with dignity. We therefore affirm the view that the marriage has broken down beyond repair, and that dissolution is in the interest of justice and in the welfare of all concerned”, the order read.

The Bench next dealt with the aspect of permanent alimony. Considering the income, status, future prospects of the respondent-husband, and to ensure that the appellant-wife is placed in a position of reasonable financial independence, the Bench held that the amount of permanent alimony awarded by the High Court requires enhancement. “Accordingly, the sum of Rs.30,00,000/- (Rupees Thirty Lakhs only) awarded by the High Court is enhanced to Rs.50,00,000/- (Rupees Fifty Lakhs only) , which shall be paid by the respondent husband to the appellant-wife within a period of three months from the date of this judgment”, it ordered.

Thus, upholding the decree of divorce and reamaining conditions of the High Court, the Bench directed, “The amount of Rs.50,00,000/- (Rupees Fifty Lakhs only) awarded herein as permanent alimony shall be treated as full and final settlement of all monetary and other claims arising out of the marital relationship between the parties.”

Cause Title: AB v. JK (Neutral Citation: 2025 INSC 1390)

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