Divorce: Permanent alimony for wife revised by 2.5 times up by SC within 9 years of HC fixing it Rs 20,000 per month

Time of India

a day ago

The
Supreme Court
of India on May 29, 2025, ordered a husband to pay Rs 50,000 per month, which is 2.5 times the permanent alimony, with a 5% increase every two years. Earlier, the permanent
alimony
amount fixed by the Calcutta High Court in 2016 was Rs 20,000, with an increase of 5% every three years.
The Supreme Court said: 'The wife, who in this case has remained unmarried and is living independently, is entitled to a level of maintenance that is reflective of the standard of living she enjoyed during the marriage and which reasonably secures her future.'
Moreover, the Supreme Court also upheld the Calcutta High Court order, which asked the husband to redeem the home loan taken on the house and transfer the title deed to his former wife's name. The husband did not fight this point and duly complied with the order, but he challenged the fact of paying alimony for both his wife and son.
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He, however, contended that his son is now 26 years old and is non-dependent. The husband also said that while it's true his income level has increased since the time of their
divorce
, he has since then remarried, and he has ageing parents also to take care of.
After hearing and analysing the facts of the case, the Supreme Court said that, while they can't direct the husband to pay maintenance to his son, the son's right to inheritance remains unaffected, and any claim to ancestral or other property may be pursued in accordance with the law. Hence, the Supreme Court accepted the husband's lawyer's contention about paying child maintenance but rejected his reservations about paying a higher alimony to the wife.
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The SC also said: 'Having considered the submissions and materials on record, we are of the view that the quantum of permanent alimony fixed by the High Court requires revision. The husband's income, financial disclosures, and past earnings establish that he is in a position to pay a higher amount.'
Read below to understand the rationale behind the Supreme Court's decision to more than double the monthly permanent alimony, along with the legal reasoning behind it.
How did this alimony case go on for 17 years?
According to the order of the Supreme Court dated May 29, 2025, here's a timeline of events:
June 18, 1997:
The couple married following Hindu ceremonies.
August 5, 1998:
A son was born to the newly married couple.
July 2008:
The husband filed Matrimonial Suit No. 430 of 2008 under Section 27 of the Special Marriage Act, 1954, seeking dissolution of marriage on the grounds of cruelty allegedly inflicted by the wife. Subsequently, the wife filed Misc. Case No. 155 of 2008 in the same suit under Section 24 of the Hindu Marriage Act, 1955, seeking interim maintenance for herself and the minor son.
January 14, 2010:
The Trial Court, by order dated January 14, 2010, awarded interim maintenance of Rs 8,000 per month, along with Rs 10,000 for litigation expenses, to the wife.
March 28, 2014:
The wife then instituted a case under Section 125 of the Code of Criminal Procedure, 1973. The Trial Court, vide order dated March 28, 2014, directed the husband to pay maintenance of Rs 8,000 per month to the wife and Rs 6,000 per month to the minor son, along with Rs 5,000 towards litigation costs.
May 14, 2015:
Aggrieved by this order, the husband filed an appeal before the Calcutta High Court. The High Court, by order dated May 14, 2015, directed the husband to pay interim maintenance of Rs 15,000 per month.
January 10, 2016:
The Trial Court, vide order dated January 1, 2016, dismissed the matrimonial suit, finding that the respondent-husband had failed to prove cruelty.
July 14, 2016:
Subsequently, by order dated July 14, 2016, the High Court noted that the respondent-husband was drawing a net monthly salary of Rs 69,000 and enhanced the interim maintenance to Rs 20,000 per month.
June 25, 2019:
The High Court, by order dated June 25, 2019, allowed the husband's appeal, granted a decree of divorce on the grounds of mental cruelty and irretrievable breakdown of marriage.
February 20, 2023:
The Supreme Court of India issued a notice confined to the question of enhancement of permanent alimony awarded to the wife.
November 7, 2023:
By interim order dated November 7, 2023, the Supreme Court, noting the absence of representation on behalf of the husband despite proof of service, enhanced the monthly maintenance to Rs 75,000 with effect from November 1, 2023. The husband subsequently entered the appearance and filed an application seeking vacation of the said interim order.
May 29, 2025:
The Supreme Court's final judgement ordered the husband to pay Rs 50,000 per month as permanent alimony, with a 5% increase every two years.
Legal arguments used by husband and wife
The wife asks, why is she getting Rs 20,000 per month as alimony when her former husband is earning Rs 4 lakh per month?
The former wife's lawyers said before the Supreme Court of India:
'The appellant-wife contends that the amount of Rs 20,000 per month, which the High Court made final, was originally awarded as interim maintenance. She submits that the respondent-husband has a monthly income of approximately Rs 4,00,000 and the quantum of alimony awarded is not commensurate with the standard of living maintained by the parties during marriage.'
The husband counters his former wife's argument by saying he has to support expenses for his second marriage and old parents
The husband's lawyers said before the Supreme Court of India:
'In response, the respondent-husband submits that his current net monthly income is Rs 1,64,039, earned from his employment. He has submitted salary slips, bank statements, and income tax returns for the year 2023-2024. He also submits that his monthly household expenses total Rs 1,72,088 and that he has remarried, has a dependent family, and aged parents. The husband contends that their son, now 26 years of age, is no longer financially dependent.'
What did the Supreme Court of India say?
According to the order of the Supreme Court dated May 29, 2025, here are the details:
Having considered the submissions and materials on record, we are of the view that the quantum of permanent alimony fixed by the High Court requires revision.
The respondent-husband's income, financial disclosures, and past earnings establish that he is in a position to pay a higher amount.
The appellant-wife, who has remained unmarried and is living independently, is entitled to a level of maintenance that is reflective of the standard of living she enjoyed during the marriage and which reasonably secures her future. Furthermore, the inflationary cost of living and her continued reliance on maintenance as the sole means of financial support necessitate a reassessment of the amount.
The Supreme Court's final judgement: Pay former wife Rs 50,000 per month as permanent alimony
The Supreme Court said:
In our considered opinion, a sum of Rs 50,000 per month would be just, fair and reasonable to ensure financial stability for the appellant-wife. This amount shall be subject to an enhancement of 5% every two years.
As regards the son, now aged 26, we are not inclined to direct any further mandatory financial support. However, 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.
In view of the above, the appeal is allowed. The impugned order of the High Court is modified to the extent that the permanent alimony payable to the appellant-wife shall be Rs 50,000 per month, subject to a 5% increase every two years, as noted above.
Nikita Anand, Partner at Magnus Legal Services LLP, says: 'Maintenance is not charity but a right that must be calibrated to genuine financial realities and the lifestyle disruption caused by marital breakdown. The days of token alimony amounts may well be numbered.'
Arnaz Hathiram, a digital media professional, says: "This is a classic case where alimony is granted by default irrespective of the outcome of the main divorce case. In the current scenario, parties had been separated since 2008 where maintenance to wife was granted on the husband's then income. In 2025, the Supreme Court has enhanced permanent alimony to the wife even where cruelty by her had been proven and divorce was granted to the husband on grounds of cruelty. When courts award alimony to wives despite cruelty proven, it leaves the husbands - who approach court for justice - with very little hope. In my opinion, the husband in this case just got freedom, not justice."
Neelam Singh, Advocate on Record, Lucknow High Court, says: 'This judgment holds immense significance for women who, after divorce, are left unheard and unsupported when it comes to claiming maintenance from their husbands. Many are forced to run from pillar to post, struggling through the legal system just to secure a rightful order for themselves and their children—simply to survive with dignity in society.
Prachi Dubey, Advocate, Delhi High Court, "By increasing the wife's maintenance to Rs 50,000 with incremental raises every second year, the court upheld in past decisions that inflation should be considered while providing spousal support and should be reflective of the standard of living during the marriage. It also made distinction between spousal and child support, maintained the position with respect to the son's rights to inherit, and accepted tacitly that the irretrievable breakdown of the marriage is a ground for divorce."
Singh adds: 'This judgment sets a significant precedent for wives and legitimate children who are often left with no option but to repeatedly approach the court to seek a dignified standard of living and rightful maintenance from their husband or father. It establishes a benchmark that reinforces the court's role as a guardian of justice—offering hope and support to women seeking financial stability and to children who depend on their father's support as they grow. It is indeed a remarkable, meaningful, and much-needed ruling that upholds both fairness and compassion.'
Priyanka Desai, Co-founder and Partner, The Fort Circle, says: This judgment clarifies that maintenance can be increased based on the husband's higher income, irrespective of his remarriage. It also holds that financial support is not mandatory for a child who has attained majority. A key takeaway is that the maintenance amounts mentioned in the divorce decree is not set in stone and may be modified based on changed circumstances.
Anand says: 'The Supreme Court refused to accept the husband's claimed reduction in income at face value. Despite his assertion that his current monthly net income was Rs 1,64,039, the court considered his "past earnings" and professional background, including his previous employment with a hotel at an annual salary exceeding Rs 21 lakh. This sends a clear warning that spouses cannot deliberately reduce their income or accept lower-paying positions to evade maintenance obligations. The court's approach creates a stronger deterrent against income suppression tactics and encourages a more robust assessment of a party's true earning potential based on their professional trajectory and historical income patterns.'
Ruchita Datta, Partner, D&T JURIS, says: "The instant judgement is a reiteration of the fact that while deciding the alimony amount the court needs to weigh in various factors viz., residential rights, wife's status of living before divorce, any medical ailment, dependence of children, Inflation rates etc. In this case, the wife remained unmarried and had no other source of income to sustain herself except the amount which has been provided to her by her husband. So, therefore the amount of ₹20,000 provided to her as an alimony by the High court was enhanced by the Supreme Court to ₹50,000 per month along with 5 % increase after every two years keeping in mind the high cost of living and the prevailing inflation. In my opinion, it is imperative to be pragmatic while deciding the alimony amount as the amount so awarded will not only cater to her basic needs of sustenance but also provide her with a life of dignity and respect."