Daijiworld Media Network - New Delhi
New Delhi, Jun 1: The Supreme Court has underscored that a divorced wife living independently is entitled to maintenance that preserves the standard of living she enjoyed during her marriage and ensures financial stability for her future.
In a significant decision delivered by Justices Vikram Nath and Sandeep Mehta, the Court enhanced the monthly maintenance for a divorced woman from West Bengal from Rs 20,000 to Rs 50,000, with a 5% increase every two years.
“In our view, Rs 50,000 per month is fair, reasonable, and just to secure financial stability for the appellant-wife,” the bench declared in its order dated May 29.
As for the couple’s son, now 26, the Court declined to order additional mandatory financial support. It left the door open for the husband to voluntarily contribute towards educational or other reasonable expenses if he wished. However, the bench clarified that the son’s inheritance rights remain intact and may be pursued through proper legal channels.
This ruling came in response to the woman’s appeal against a 2019 Calcutta High Court order, which had granted the husband a divorce on the grounds of cruelty and awarded her Rs 20,000 in monthly alimony with a 5% increase every three years.
Arguing that this amount was inadequate given her ex-husband’s financial circumstances, the wife pointed out that he earned a net monthly income of Rs 1.64 lakh from his position at the Institute of Hotel Management in Kolkata. She contended that the alimony did not align with the standard of living she had during the marriage or reflect current living costs.
The husband, in response, cited his remarriage and significant financial responsibilities, including caring for aged parents and a dependent family. He also argued that their son was financially independent.
However, the Supreme Court concluded that the husband’s income, financial disclosures, and overall earnings demonstrated his capacity to pay a higher amount. The bench emphasized that the wife deserved an amount that fairly mirrored her standard of living during the marriage and provided financial security for her future.