In a judgment of support equating matrimonial law, the Supreme Court revised the Punab and Haryana High Court verdict to enhance permanent alimony from Rs 1 lakh to Rs 5 lakh in favour of a divorced woman, asserting that alimony is intended to support the dependent spouse, not penalise the other.
The bench comprising Justices Sanjay Karol and Manoj Misra clarified that the aim of granting permanent alimony is to ensure financial stability for the dependent spouse after the breakdown of a marriage. However, the court also warned that such relief must not be interpreted or awarded in a manner that appears punitive toward the paying party.
The appellant and the respondent were married in November 2008, but the marriage turned sour within a few years. According to the appellant-wife, she was subjected to repeated harassment, ultimately being thrown out of her matrimonial home in January 2011. She alleged physical abuse, leading to multiple legal cases including a domestic violence complaint and an FIR under relevant sections of the IPC. The couple’s legal battle began in 2011 and escalated through various courts over the years.
The Family Court at Faridabad initially granted the divorce on December 14, 2018. The High Court upheld the dissolution in 2022, ordering a permanent alimony of Rs 1 lakh. The appellant challenged the quantum of alimony in the Supreme Court.
While revisiting the case, the apex court referred to two major precedents: Parvin Kumar Jain vs Anju Jain (2025) and Rajnesh vs Neha, highlighting that multiple factors including social status, income, education, financial assets, and standard of living must guide the calculation of alimony. It also stated that even if the husband is not earning, it does not exempt him from his duty of maintenance.
The Supreme Court concluded that Rs 1 lakh was insufficient given the circumstances. Without altering the divorce ruling, the Court enhanced the permanent alimony to ₹5 lakh, terming it a final and full settlement of all pending claims.
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