Ex-Husband Can’t Be Expected To Maintain Ex-Wife As Per His Present Status All Life: Supreme Court
The Supreme Court has ruled that a divorced wife cannot seek permanent alimony merely to achieve equal wealth status with her ex-husband. While a wife is entitled to maintenance that ensures a standard of living similar to what she experienced during the marriage, the husband is not obligated to maintain her at his current financial status if he has advanced in life post-separation.
A bench comprising Justice BV Nagarthna and NK Singh expressed concerns about the growing trend of seeking alimony as a “wealth equalization” measure, noting that such demands are often made only when the husband is financially well-off, not when his financial situation has worsened. The Court emphasized that maintenance laws aim to empower the destitute, ensure social justice, and uphold dignity, not to equalize wealth between parties.
The judgement clarified that factors like the wife’s income, reasonable needs, and residential rights must guide alimony decisions, rather than the husband’s current wealth or prior alimony payments to other spouses. In this case, the wife sought equalization with her ex-husband’s assets worth ₹5,000 Crores and his prior alimony payment of ₹500 Crores to his first wife.
However, the Court rejected such claims and settled her permanent alimony at ₹12 Crore. The Court highlighted that disputes over alimony are often the most contentious in matrimonial proceedings, involving accusations to uncover hidden income and assets.
Source: – Live Law
By: – Rajat Ranjan
