Supreme Court Raises Alimony as High Courts Tighten Conduct Test in Maintenance Cases
The rulings highlight Section 125’s role as an anti-destitution safeguard.
Overview
- The Supreme Court increased a divorced wife's permanent alimony from ₹15,000 to ₹30,000 per month, rejecting arguments that her education or parental support negated entitlement.
- Citing Rajnesh v. Neha and Manish Jain v. Akanksha Jain, the Court said maintenance must reflect parties’ status, payer’s capacity, and inflation rather than hinge on employability alone.
- The Chhattisgarh High Court upheld a Family Court’s denial of maintenance to a woman who left her matrimonial home four days after marriage, finding no sufficient cause to live apart despite her dowry harassment allegations.
- The Jharkhand High Court affirmed ₹24,000 per month in maintenance, declined enhancement, and noted the husband’s prior ₹20 lakh alimony deposit and financial responsibilities toward his daughters.
- The Jharkhand bench criticized an eight-year delay in deciding a Section 125 petition, warning that such lag undercuts the summary, remedial character of maintenance proceedings.