Justice Vikram Nath, Justice Sandeep Mehta, Supreme Court
'Highly Qualified' Wife Claims To Be Unemployed But She Can Earn & Sustain Herself: Supreme Court Grants Rs 50 Lakh Alimony As One-Time Settlement
|The Appeal before the Supreme Court arose from an order upholding the decree of divorce and confirming the amount of Rs 15 lakh awarded as permanent alimony.
While upholding a decree of divorce, the Supreme Court enhanced the permanent alimony to Rs 50 lakh as a one-time settlement to be paid by the man. The Apex Court also held that although the wife claims to be unemployed, she is highly qualified and can earn and sustain herself.
The Appeal before the Apex Court arose from a common order passed by the Karnataka High Court upholding the decree of divorce granted by the Family Court and confirming the amount of Rs 15 lakh awarded as permanent alimony.
The Division Bench of Justice Vikram Nath and Justice Sandeep Mehta stated, “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. She is not in a state of acute economic deprivation. A balanced approach, weighing the respondent’s capacity and the appellant’s needs, must therefore be adopted.”
Senior Advocate Shanthkumar V. Mahale represented the Appellant while AOR Mrigank Prabhakar represented the Respondent.
Factual Background
The appellant-wife and the respondent-husband got married in the year 2009. The wife claimed to have financially supported the husband when he was pursuing his studies. In 2011, the respondent filed a petition under Section 13(1)(a) of the Hindu Marriage Act, 1955, seeking dissolution of marriage on the ground of mental cruelty. In 2014, the wife moved an application under Section 24 of the HMA seeking maintenance. The Family Court awarded her Rs 10,000 per month. Dissatisfied, she filed a Writ Petition, whereupon the High Court enhanced the amount to Rs 25,000 per month.
In the year 2015, the Family Court granted a decree of divorce and awarded Rs 15,00,000 as permanent alimony. Aggrieved, the appellant filed an application to set aside the divorce decree, and another application against the dismissal of her counterclaim. The respondent filed an application challenging the quantum of alimony. By the impugned order, the High Court upheld the grant of divorce on the ground of cruelty. The Court also observed that the husband, a doctor by profession, and the wife, a qualified engineer now practising as an advocate, were both capable individuals. Alimony granted by the Family Court was also upheld. It was in such circumstances that the wife filed the appeal before the Apex Court.
Reasoning
The Bench took note of the fact that the respondent is a doctor earning approximately Rs 1,40,000 per month from his employment. The appellant, holding an M.Tech (Computer Science) and an LL.B. degree, claimed to be presently unemployed.
As per the Income Tax Returns, the taxable income of the husband was around Rs.1.4 lakh per month. The wife asserted that in the year 2010, the respondent had also purchased property in his name.
Adopting a balanced approach, the Bench found it just and equitable to enhance the permanent alimony to Rs 50 lakh as a one-time settlement. “This amount will reasonably secure the appellant’s future and ensure a standard of living commensurate with her circumstances”, it held while partly allowing the appeals.
Cause Title: A v. B (Neutral Citation: 2025 INSC 994)
Appearance
Appellant: Senior Advocate Shanthkumar V. Mahale, Advocate Shreyas Shanth Mahale, AOR Harisha S.R.
Respondent: AOR Mrigank Prabhakar, Advocates Sakshi Banga, Siddharth Sahu