SC Modifies Alimony Order, Raises Settlement to Rs- 50 Lakh

Supreme Court Modifies Alimony Order Increases One-Time Settlement to Rs- 50 Lakhs for Engineer-Turned-Advocate

Online Legal India LogoBy Online Legal India Published On 26 Aug 2025 Category News Author ADV Mohana Banerjee

The Supreme Court of India has recently delivered a significant ruling on alimony in divorce cases. While upholding a decree of divorce, the Court substantially increased the one-time permanent alimony awarded to a highly qualified wife.

The Supreme Court of India has recently delivered a significant ruling on alimony in divorce cases. While upholding a decree of divorce, the Court substantially increased the one-time permanent alimony awarded to a highly qualified wife. By adopting a “balanced approach,” the Court raised the settlement amount from Rs- 15, 00,000 to Rs- 50, 00,000, recognizing both the husband’s earning capacity and the wife’s ability to sustain herself. This ruling highlights how courts evaluate fairness when determining spousal support.

SC Modifies Alimony Order: Case Background

The appellant-wife and respondent-husband married on February 27, 2009. The respondent, a doctor, pursued higher studies in Chandigarh. During this time, the appellant, who holds an M.Tech in Computer Science and an LL.B. degree, lived with him between December 2009 and July 2010. She also claimed that she financially supported him during this period.

Their marriage remained childless. On June 15, 2011, the husband filed a petition for divorce under Section 13(1)(a) of the Hindu Marriage Act, 1955, citing mental cruelty. In response, the wife filed objections and sought restitution of conjugal rights. The Family Court initially granted her interim maintenance of Rs- 10,000 per month in 2013. The High Court later enhanced this amount to Rs- 25,000 per month in 2014.

Finally, on April 25, 2015, the Family Court granted a decree of divorce and ordered a permanent alimony of Rs- 15, 00,000. The wife challenged this order before the High Court, but her appeals were dismissed in November 2022. The High Court noted that both individuals were well-qualified and capable, and found the alimony adequate. Dissatisfied with this outcome, the wife approached the Supreme Court.

SC Modifies Alimony Order: Court’s Consideration

The Supreme Court limited its consideration to the issue of alimony. It directed both parties to submit affidavits of their income and liabilities. From the records, it emerged that the husband was earning around Rs- 1, 40,000 per month. The wife, despite being highly qualified, claimed to be unemployed.

The bench, consisting of Justice Vikram Nath and Justice Sandeep Mehta, carefully examined the circumstances. The Court observed that while the husband had sufficient capacity to pay more than what was previously ordered, the wife also had the potential to earn a livelihood. In its words, she was “not in a state of acute economic deprivation.”

The Court explained that alimony decisions must balance the financial position of the paying spouse with the needs of the receiving spouse. By stressing a fair and equitable outcome, the Court highlighted the importance of proportionality in matrimonial settlements.

SC Modifies Alimony Order: Final Ruling

After analyzing the evidence, the Supreme Court decided to enhance the permanent alimony to Rs- 50, 00,000 as a one-time settlement. The bench observed, “This amount will reasonably secure the appellant’s future and ensure a standard of living commensurate with her circumstances.”

The Court directed the husband to pay the revised settlement in five equal monthly installments of Rs- 10, 00,000 each. The payment schedule begins on September 30, 2025, and concludes on January 31, 2026. By allowing this structured payment, the Court ensured that the wife would receive the settlement within a fixed timeframe.

At the same time, the Court made it clear that once the payment was completed, all claims between the parties would stand fully and finally settled. Thus, while the decree of divorce was affirmed, the modification of alimony brought closure to the prolonged litigation.

SC Modifies Alimony Order: Significance of the Judgment

This ruling is important for several reasons. First, it reinforces that courts will look beyond fixed amounts and reassess alimony in light of the earning capacity of both parties. Second, it highlights the principle that financial settlements must secure the future of the dependent spouse while not ignoring their potential to work and earn.

The phrase “balanced approach” used by the Court underscores the need for fairness. By raising the alimony but not ignoring the wife’s qualifications, the Court avoided an extreme outcome. The decision also sets an example for similar cases, where both parties are well-educated but unequal in financial standing.

Ultimately, the Supreme Court’s decision shows how Indian matrimonial law continues to evolve. With this judgment, the Court balanced compassion with realism, ensuring that justice served both sides fairly.

Case details- [M.V. LEELAVATHI vs. DR. C. R. SWAMY @ DR. C.R. KUMARA SWAMY CIVIL APPEAL NOS OF 2025 (@ ARISING OUT OF SLP (CIVIL) NOS.2249- 2250/2023)


Share With :
Author:
online legal india logo
Online Legal India

Online Legal India, a subsidiary of FastInfo Legal Services Pvt. Ltd., is registered under the Companies Act, 2013. Backed by a skilled team of professionals, we offer a comprehensive range of services. We deliver high-quality solutions to individuals, business owners, company founders, corporate entities, and more, addressing their company registration needs and resolving various legal challenges they encounter in everyday lives.