Supreme Court’s landmark divorce verdict enhances wife’s alimony from Rs 15 lakh to Rs 50 lakh, ensuring fair financial security and setting a crucial precedent in matrimonial law.
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NEW DELHI: The Supreme Court on 18 August 2025 enhanced the financial relief granted to a wife in a divorce case. The Court raised the lump sum permanent alimony from Rs. 15 lakh to Rs. 50 lakh, payable as a one-time settlement in five equal instalments between September 2025 and January 2026.
Background of the Case
The marriage between the parties was solemnised in 2009. However, differences soon arose, and in 2011, the husband filed a petition under Section 13(1)(a) of the Hindu Marriage Act, 1955, seeking divorce on the ground of mental cruelty. The wife contested the divorce and filed a counterclaim for restitution of conjugal rights under Section 23(1)(a), alongside an application for interim maintenance.
The Family Court, by its order dated 25 April 2015, dissolved the marriage and awarded Rs. 15 lakh as permanent alimony, while also granting interim maintenance of Rs. 10,000 per month, later enhanced to Rs. 25,000 by the High Court. Both parties appealed before the Karnataka High Court, but by order dated 18 November 2022, the High Court dismissed the appeals, affirming the decree of divorce and the alimony amount.
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Supreme Court’s Intervention
Aggrieved by the limited financial relief, the wife approached the Supreme Court, which issued notice only on the question of alimony. The Court sought affidavits from both parties disclosing their financial circumstances.
It was revealed that the husband, a doctor, earned around Rs. 1.4 lakh per month, while the wife, though unemployed at present, held M.Tech (Computer Science) and LL.B. degrees, making her professionally qualified to sustain herself.
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Court’s Reasoning
The bench of Justice Vikram Nath and Justice Sandeep Mehta observed that:
- Alimony determination is not a mechanical exercise but must balance the earning capacity of the husband and the long-term security of the wife.
- The wife, though qualified, was presently unemployed and needed financial security after the dissolution of the marriage.
- The husband had the financial capacity to pay a higher amount than what had been fixed by the lower courts.
The Court emphasised that
“A just and equitable balance has to be struck between the husband’s earning capacity and the wife’s need for long-term security.”
Final Order
The Court enhanced the permanent alimony to Rs. 50 lakh, payable in five equal instalments of Rs. 10 lakh each. It clarified that this sum would serve as a full and final settlement of all claims arising from the marriage and subsequent litigation. The decree of divorce was affirmed, with the quantum of alimony substantially revised.
Case Title:
M.V. Leelavathi v. Dr. C.R. Swamy @ Dr. C.R. Kumara Swamy
SLP (CIVIL) NOS.2249-2250/2023
READ JUDGMENT HERE
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