Supreme Court Raises Alimony: Wife Entitled to Maintenance Matching Marital Living Standard

The Supreme Court ordered on May 29^th, 2025 that a wife is entitled to maintenance reflecting the standard of living during the marriage and securing her future. A Division Bench of Justice Vikram Nath and Justice Sandeep Mehta increased permanent alimony from RS 20,000 to RS 50,000 per month, with a 5% increase every two years.

Background:
The couple married in 1997 and had a child in 1998. In 2008, the husband filed for divorce under Section 27 of the Special Marriage Act, alleging cruelty. The wife sought interim maintenance under the Hindu Marriage Act and Section 125 CrPC. The Family Court awarded Rs 8,000 monthly interim maintenance, later setting Rs 8,000 for the wife and Rs 6,000 for the child. In 2016, the Family Court rejected the divorce, but the High Court granted it on grounds of mental cruelty and irretrievable breakdown, ordering the husband to:

• Redeem and transfer the mortgaged flat to the wife
• Allow the wife and child to reside there
• Pay Rs 20,000 per month as alimony, with 5% hikes every 3 years
• Cover the child’s education, including Rs 5,000 monthly tuition

Supreme Court Proceedings:
The wife appealed only the alimony amount. The husband’s financial records showed he could pay more. Due to his initial absence, alimony was raised to Rs 75,000 from November 1, 2023. After appearing, the husband claimed his income was Rs 1,64,039 with expenses of Rs 1,72,088, supporting a new family and elderly parents. The wife argued his real income was about Rs 4,00,000 based on previous employment.

The Supreme Court noted the husband’s capacity to pay more and emphasized the wife’s right to maintenance matching her marital standard of living, considering inflation and her sole dependence on alimony.

Court’s Decision:
The Court fixed alimony at Rs 50,000 per month with a 5% increase every two years. It declined to order mandatory support for the now 26-year-old son but allowed voluntary assistance and confirmed his inheritance rights.

Final Order:
The Supreme Court allowed the appeal, enhanced permanent alimony to Rs 50,000 with biennial increments of 5%, and disposed of the related contempt petition accordingly.

Case title- RAKHI SADHUKHAN vs. RAJA SADHUKHAN