Case Note & Summary
The appeal arose from a divorce decree granted by the Calcutta High Court, which dissolved the marriage between Rakhi Sadhukhan and Raja Sadhukhan on grounds of mental cruelty and irretrievable breakdown, awarding permanent alimony of Rs. 20,000 per month to the wife. The wife appealed to the Supreme Court seeking enhancement of alimony. The parties married in 1997 and had a son born in 1998. The husband filed for divorce in 2008 under the Special Marriage Act, alleging cruelty. The trial court dismissed the suit in 2016, but the High Court reversed and granted divorce in 2019, also ordering the husband to transfer a flat to the wife and pay alimony. The Supreme Court confined the appeal to the quantum of alimony. The wife argued that the husband's monthly income was approximately Rs. 4,00,000 and the alimony was insufficient given the marital standard of living. The husband claimed his net monthly income was Rs. 1,64,039, with high expenses and a dependent family. The Court found that the husband's financial disclosures showed he could pay more, and the wife, unmarried and independent, needed higher maintenance. The Court enhanced alimony to Rs. 50,000 per month with a 5% increase every two years, noting the son was no longer dependent. The appeal was allowed, modifying the High Court's order.
Headnote
A) Family Law - Permanent Alimony - Quantum of Maintenance - Section 27 of Special Marriage Act, 1954 and Section 24 of Hindu Marriage Act, 1955 - The Supreme Court enhanced permanent alimony from Rs. 20,000 to Rs. 50,000 per month with 5% increase every two years, considering the husband's higher income, wife's standard of living during marriage, and inflationary costs. The Court held that the wife is entitled to maintenance reflective of the marital standard of living and reasonably securing her future (Paras 7-8).
Issue of Consideration
Whether the quantum of permanent alimony awarded by the High Court to the appellant-wife requires enhancement considering the respondent-husband's income and the wife's financial needs.
Final Decision
Appeal allowed. Impugned order modified: permanent alimony payable to appellant-wife shall be Rs. 50,000 per month, subject to 5% increase every two years. Contempt petition disposed of. Pending applications disposed of.
Law Points
- Permanent alimony
- quantum of maintenance
- standard of living during marriage
- inflationary cost of living
- Section 27 Special Marriage Act 1954
- Section 24 Hindu Marriage Act 1955
- Section 125 CrPC
