"A wife who has not remarried and continues to live a life of dignity is entitled to maintenance that reflects the standard of living she enjoyed during her marriage and which reasonably secures her future."
The Supreme Court sets the stage for a significant ruling on the principles governing permanent alimony in matrimonial disputes, in the case arising out of the order, whereby the husband’s plea for divorce was decreed with a minimal award of alimony to the wife felt necessary by the High Court of Calcutta for her sustenance. Read further to know how the Apex Court navigated through the right to live with the dignity of an unmarried first wife and the complexities of this deeply personal yet legally profound case.
Brief Facts:
The case stemmed from the marital discord between Rakhi Sadhukhan and Raja Sadhukhan, who married in 1997 and separated in 2008, with a son born in 1998. The couple’s relationship deteriorated, leading to a divorce granted by the Calcutta High Court on grounds of mental cruelty and irretrievable breakdown of marriage. The High Court awarded Rakhi permanent alimony of ₹20,000 per month, with a 5% increase every three years. Dissatisfied with the quantum, Rakhi appealed to the Supreme Court.
Contentions of the Appellant:
The appellant contended that the alimony of ₹20,000 per month was insufficient to maintain the standard of living she enjoyed during the marriage. She highlighted the respondent’s net monthly income of ₹1.64 lakh, arguing that the awarded amount failed to reflect his financial capacity and her entitlement to a dignified life post-divorce.
Contentions of the Respondent:
The respondent argued that the alimony awarded by the Calcutta High Court was adequate and fair. He maintained that the amount, along with the periodic 5% increase, sufficiently addressed the appellant’s maintenance needs, considering the circumstances of their separation and his financial obligations.
Observations of the Court:
The Apex Court presided over by Justice Vikram Nath and Justice Sandeep Mehta, emphasized the principle that maintenance should enable a divorced wife to maintain a standard of living commensurate with her life during the marriage, provided she remains unmarried.
The Bench meticulously examined Raja’s financial status, noting his net monthly income of ₹1.64 lakh as a key factor in assessing his ability to pay. The Court stressed that permanent alimony must account for the husband’s financial capacity and the wife’s reasonable needs, ensuring fairness without imposing undue burden.
At the same time, the Court clarified that no mandatory support was warranted for the couple’s 26-year-old son and stated, “it is open to the respondent-husband to voluntarily assist him with educational or other reasonable expenses. We clarify that the son’s right to inheritance remains unaffected, and any claim to ancestral or other property may be pursued in accordance with law.”
The decision of the Court:
In light of the foregoing discussion, the Top Court allowed the appeal and modified the Calcutta High Court’s order, directing Raja Sadhukhan to pay permanent alimony of ₹50,000 per month to Rakhi Sadhukhan, with a 5% increase every two years.
Case Title: Rakhi Sadhukhan Vs. Raja Sadhukhan
Case No.: Civil Appeal No. 10209 Of 2024
Coram: Justice Vikram Nath and Justice Sandeep Mehta
Counsel for Appellant: AOR Mayank Kshirsagar
Counsel for Respondent: Sr. Adv. A Sirajudeen, AOR Manjeet Chawla and Adv. Usha Pant Kukreti
Read Judgment @ Latestlaws.com
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