Husband's Duty To Maintain Ex-Wife After Divorce Won't End Merely Because She Is Educated Or Has Parental Support : Supreme Court

The Supreme Court observed that a husband cannot evade from his duty to maintain his ex-wife after divorce, on the ground that she is educated or has parental support.

"Marriage, as an institution in our society, is founded on emotional bonding, companionship, and mutual support, which cannot be evaluated in purely monetary terms. A woman often enters matrimony with legitimate aspirations of a stable and dignified life

When such a marriage breaks down, the obligation of the husband to ensure that the wife is able to live with dignity does not come to an end merely on the ground that she is educated or has parental support. Post-divorce, the wife is entitled to live a life consistent with the standard of living she was accustomed to during the subsistence of the marriage.”, observed a bench of Justices SVN Bhatti and R Mahadevan, while allowing the wife's plea against the Madhya Pradesh High Court's order which refused to entertain her plea against the quantum of maintenance amounting to Rs. 15,000/- per month decided by the Family Court.

The wife moved to the Supreme Court, demanding higher maintenance from the Respondent, stating that Rs. 15,000/- maintenance was insufficient when the Respondent's monthly income was calculated to be Rs. 1,60,000/-.

The respondent-husband opposed the wife's claim, contending that she is highly qualified and capable of supporting herself, with adequate parental support. He further pleaded financial inability, citing his liabilities arising from a second marriage that has also broken down.

Rejecting the husband's arguments, the Supreme Court allowed the wife's plea, noting that the amount of maintenance fixed by the Family Court was inadequate with the change of time and rising inflation.

“Considering the present cost of living, the impact of inflation over the past decade, and the overall circumstances of the parties, we are of the view that the amount awarded by the Family Court, as affirmed by the High Court, is inadequate and warrants enhancement.”

The Court referenced Rajnesh v. Neha and another, (2021) 2 SCC 324, which quoted the excerpt of Manish Jain v Akanksha Jain, (2017) 15 SCC 801 where it was held:

“It is no answer to a claim of maintenance that the wife is educated and could support herself. The court must take into consideration the status of the parties and the capacity of the spouse to pay for her or his support. Maintenance is dependent upon factual situations; the Court should mould the claim for maintenance based on various factors brought before it.”

Resultantly, the Court allowed the appeal, with the direction that “the permanent alimony payable to the appellant – wife is enhanced from Rs. 15,000/- per month to Rs. 30,000/- per month, which shall be payable by the respondent – husband.”

Cause Title: Y VERSUS X

Citation : 2026 LiveLaw (SC) 111

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Appearance:

For Petitioner(s) Mr. Alok Tripathi, AOR

For Respondent(s) Mrs. Ruchika Gohil, Adv. Mr. Anurag Gohil, Adv. Mr. Sarad Kumar Singhania, AOR