Supreme Court Enhances Permanent Alimony to Rs.50 Lakh and Affirms Divorce Order
A bench of Justice Vikram Nath and Justice Sandeep Mehta heard appeals arising from the Karnataka High Court’s order upholding a Family Court decree of divorce and the grant of permanent alimony. The appeals concerned whether the decree of divorce should be set aside and, principally, the appropriate quantum of permanent alimony awarded to the wife.
The Court affirmed the decree of divorce while modifying the quantum of permanent alimony. Noting the need to balance the husband’s capacity to pay and the wife’s ability to become self‑supporting, the Court increased the one‑time alimony award to Rs.50,00,000, to be paid in five equal monthly instalments. The Court explained that although the wife claimed unemployment, she was a highly qualified professional and “was not in a state of acute economic deprivation,” and therefore a balanced approach was required. The Court, in its reasoning, observed: The Court further stated that “we find it just and equitable to enhance the permanent alimony to Rs.50,00,000/- as a one-time settlement.”
Background
The marriage was solemnised in February 2009 and remained childless. The husband filed a petition under Section 13(1)(a) of the Hindu Marriage Act in June 2011 alleging mental cruelty; the wife contested and filed a counterclaim for restitution of conjugal rights. Earlier proceedings included interim maintenance: the Family Court ordered Rs.10,000 per month, which the High Court enhanced to Rs.25,000 per month on writ. In April 2015 the Family Court granted divorce and awarded Rs.15,00,000 as permanent alimony. The wife challenged the divorce decree and the dismissal of her counterclaim before the High Court; the husband challenged the alimony quantum. By the impugned High Court order, the decree of divorce and the Rs.15,00,000 alimony award were upheld. The wife then approached the Supreme Court, which limited notice to the question of alimony and directed financial disclosure by both parties.
On consideration of the parties’ disclosed income and liabilities, the Supreme Court found the husband, a practising doctor, had capacity to pay more than Rs.15 lakh while the wife, though claiming unemployment, held an M.Tech and an LL.B and had earning potential. Applying a balanced assessment of need and capacity, the Court modified the High Court order to enhance permanent alimony to Rs.50,00,000 as a one‑time settlement, payable in five monthly instalments: Rs.10,00,000 by 30.09.2025 and subsequent equal instalments by the last day of each succeeding month through 31.01.2026. The wife was directed to furnish bank account details for payment. The Court affirmed the divorce decree and declared that “All claims arising from the marriage and the present litigation shall stand fully and finally settled.” Pending applications, if any, were disposed of and the appeals were partly allowed.
Case Details: Case No.: 2025 INSC 994 Case Title: M.V. LEELAVATHI v. DR. C. R. SWAMY @ DR. C.R. KUMARA SWAMY Appearances: For the Petitioner(s): Counsel not indicated in the judgment For the Respondent(s): Counsel not indicated in the judgment