Supreme Court Emphasizes Fair Maintenance for Wives, Dissolves 2015 Marriage with Rs 2 Crore Alimony

Key Words: Maintenance, Alimony, Supreme Court, Article 142, Divorce, Permanent Settlement

On Wednesday, the Supreme Court underscored that the award of maintenance or permanent alimony should not be punitive but aimed at ensuring a decent standard of living for the wife. This statement came as the Court dissolved a 2015 marriage and directed the husband to pay Rs 2 crore to the wife as a one-time settlement.

A bench of Justices Vikram Nath and Prashant Kumar Mishra exercised its powers under Article 142 of the Constitution to dissolve the marriage, noting that the parties had cohabitated for less than a year and lived separately for the past nine years. Article 142 allows the Supreme Court to pass any decree or make any order necessary to do complete justice in any matter pending before it.

The bench explained, “This court, in a catena of judgments over the years, has exercised its inherent powers to dissolve a marriage under Article 142 of the Constitution where it finds that the marriage is dead, unworkable, beyond repair, emotionally perished, and has thus irretrievably broken down, even though no grounds for divorce as provided in the applicable law are made out in the facts of the case.”

In this particular case, the wife, who worked as the HR head in a firm, sought Rs 5-7 crore as a one-time settlement. Meanwhile, the husband, who was the Vice President of a private bank, expressed willingness to pay only Rs 50 lakh.

After examining the assets, income, and liabilities of both parties, the bench concluded that the wife’s demand was excessively high while the husband’s offer was insufficient considering the broader maintenance considerations.

The Court took into account the totality of circumstances, including the social and financial status of the parties, their current employment and future prospects, standards of living, and their obligations, liabilities, and other expenses. Ultimately, it fixed Rs 2 crore as the permanent alimony to be paid by the husband.

This decision reinforces the principle that maintenance should be fair and adequate to ensure the wife’s well-being rather than serving as a penalty for the husband. The judgment also highlights the Court’s willingness to use its extraordinary powers to provide just and equitable resolutions in complex matrimonial disputes.

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