In a landmark judgment with significant implications for future maintenance disputes, the Supreme Court of India has ordered a man to pay his divorced wife a permanent alimony of Rs 50,000 per month, with a 5% increase every two years. The Court also upheld a previous directive requiring the man to clear the home loan on their shared property and transfer the ownership to his ex-wife. This ruling acknowledges the woman’s right to maintain a standard of living comparable to that enjoyed during her marriage, reflecting the financial status of her former husband, a hotel management professional.

The woman had been receiving a monthly alimony of Rs 20,000 as interim maintenance since the divorce. However, she petitioned the apex court seeking a revision, arguing that her former husband’s current earnings were substantially higher than at the time of separation. The Supreme Court bench, led by Justices Vikram Nath and Sandeep Mehta, agreed that the amount fixed by the High Court required revision. The Court considered the husband’s career progression and past income, which reportedly exceeded Rs 21 lakh per year at one point. It emphasized that the woman, who has remained unmarried and financially dependent since the divorce, deserved a maintenance amount that would reasonably secure her future.

The man contended that his present income had decreased, that he had remarried, and that he had additional financial responsibilities, including caring for elderly parents. However, the Court was not convinced by these arguments, underscoring that both past earnings and potential earning capacity must be considered when determining maintenance. The Court also warned against attempts to suppress income to evade alimony obligations, highlighting that such tactics would not be tolerated.

Regarding the couple’s adult son, now 26 years old, the Court ruled that he is no longer entitled to regular maintenance. However, it clarified that the husband could voluntarily assist him with educational or reasonable expenses. The son’s inheritance rights remain intact, and he can pursue any claims legally entitled to him.

This ruling concludes a lengthy legal battle that began in 2008 when the man filed for divorce. Initially, the trial court dismissed the divorce petition, but the High Court granted the divorce in 2019, citing cruelty and irretrievable breakdown of the marriage.

Legal experts have welcomed the Supreme Court’s decision as a landmark judgment strengthening the rights of women to dignified maintenance post-divorce. Neelam Singh, Advocate-on-Record at the Lucknow High Court, described the ruling as “a benchmark that reinforces the court’s role as a guardian of justice.” Nikita Anand of Magnus Legal Services noted that “maintenance is not charity but a right calibrated to genuine financial realities.”

The apex court clearly stated that attempts to suppress income to avoid maintenance obligations will not be successful. The husband’s current earnings were assessed alongside his career history, revealing his clear ability to meet the revised alimony obligations.

Overall, this ruling affirms the principle that a divorced wife’s right to maintenance must consider her former standard of living and the husband’s earning capacity, both past and present. It sends a strong message that maintenance is a legal right, not a charitable act, and protects women’s financial security in post-divorce scenarios.