The Calcutta High Court has delivered a noteworthy judgment emphasizing that alimony granted to a spouse must be in proportion to the actual status and financial capacity of both spouses, rather than being constrained by the wife’s limited income.
This ruling came in a case where the wife sought alimony of ₹1 lakh per month, a claim that was contested by the husband, who argued that the wife’s financial needs were far less than that amount, citing her monthly withdrawals of Rs. 10,909 between January and November 2024, and her medical expenses of approximately Rs. 65,686 for the year.
A division bench, comprising Justice Sabyasachi Bhattacharyya and Justice Uday Kumar, noted that the wife’s current monthly earnings of ₹10,909 cannot be the sole criterion for determining her alimony. The bench observed, "The question is not what are the actual daily requirements of the wife but as to what is the perceived requirement of the wife, taking into account not only her daily bread but her other necessities commensurate with the status of both spouses."
The Court also pointed out that the wife’s claim for Rs. 1 lakh per month was well below the threshold of one-fifth of the husband's disclosed monthly income. The husband had earlier admitted to earning a substantial monthly income of ₹11,85,730 through an affidavit filed in a trial court, although he later presented a reduced income figure of ₹3 lakh with a fluctuating bonus of ₹2,73,000.
The court rejected the husband's revised claim, pointing out that the reduction in income was inexplicable, given his qualifications as a Cost and Management Accountant. The bench stated, “The remuneration of a professional of the stature and qualification of the appellant/husband... cannot decrease with time unless there is some specific and categorically disclosed reason for the same.”
The court also took note of the argument that the husband had significant financial obligations, including loans and child education expenses. However, the bench ruled that these should not impede the wife’s rightful claim to alimony, especially since both sons of the couple had attained majority and were no longer dependent on the husband.
It was concluded that the wife’s alimony should be proportionate to the husband's financial capacity and status, irrespective of her modest income. "In view of meagre financial means, a person may very well be constrained to limited drawings from her limited resources. However, that does not necessarily mean that her necessities, in particular commensurate with her husband, are required to be restricted to that amount," the bench added.
The court ordered that the husband pay ₹1 lakh per month in alimony, beginning in February 2025, with arrears for the months of September 2024 to January 2025 to be cleared in two equal installments by February 2025.
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