Alimony can't be for punishing spouse, judicious balance to be struck: Supreme Court

New Delhi: The Supreme Court has said grant of permanent alimony cannot be a method of punishing the spouse but its basic objective is that the dependent spouse is not to be left without any source of support in case marriage is dissolved.

A bench of Justices Sanjay Karol and Manoj Misra emphasised at the need of striking a judicious balance between the interests of both the parties, by enhancing the sum of alimony from Rs one lakh to five lakh.

The court was examining the appeal by the wife against the Punjab and Haryana High Court which awarded only Rs one lakh as permanent alimony to her while confirming the decree of divorce granted by the Faridabad court.

The court, which issued notice, limited to the quantum of alimony, relied upon the apex court's judgment in the case of Parvin Kumar Jain Vs Anju Jain (2025), that culled out a non-exhaustive list of factors that a court must consider in granting permanent alimony.

Those factors were status of the parties, reasonable needs of the wife and children, individual qualifications and employment status, independent income and assets and standard of life enjoyed by the wife, among others.

The bench also cited Rajnesh Vs Neha, wherein the Supreme Court, observed that in computing permanent alimony, the fact that the husband is not earning does not absolve him of the obligation to maintain his wife.

After considering the law on the subject, the bench held, "We are of the view that the High Court’s determination of permanent alimony at Rs one lakh is insufficient."

As such in the attending facts and circumstances of this case, and without interfering with the final conclusion reached by both the Family Court and the High Court regarding the grant of divorce, the bench enhanced the permanent alimony to be paid by the respondent-husband.

With the payment of Rs five lakh as full and final settlement of all claims, the court clarified that the other proceedings regarding maintenance would stand subsumed.

The marriage of the parties was solemnised on November 9, 2008. Soon thereafter, it was alleged that harassment of the former began at the hands of the latter’s family. This culminated, according to the appellant-wife, with her being turned away from her matrimonial home on January 5, 2011, after being physically assaulted. A few months thereafter began litigation inter-se the parties in one form or another.

The respondent-husband at first filed a petition under Section 9 of the Hindu Marriage Act 1955; the appellant-wife thereafter filed an FIR on November 15, 2011 under various sections of the Indian Penal Code. Prior thereto, she also filed proceedings under the Protection of Women from Domestic Violence Act, 2005 on May 26, 2011.

The divorce proceedings were initiated by the respondent-husband on March 25, 2013.

The Additional Principal Family Judge, Faridabad, passed the judgment and decree on December 14, 2018, dissolving the marriage.

The High Court confirmed the dissolution of marriage and awarded Rs one lakh alimony to the appellant wife.