Wife's Financial Independence No Bar To Grant Alimony If It's Necessary To Secure Dignity & Social Standing Post-Divorce: Supreme Court

The Supreme Court observed that maintenance can be granted despite the financial independence of a party if it is necessary to secure dignity, social standing, and financial stability post- divorce, especially in cases where the marriage has subsisted for a long period.A bench comprising Justice Vikram Nath and Justice PB Varale made with observation while granting Rs 50 lakhs as permanent alimony to a wife while dismissing her appeal challenging the decree of divorce. The Court noted that both parties were software engineers who were earning quite well at the time of their marriage two years ago. However, considering the dynamics of their separation and the financial burdens the appellant(wife) may have borne during the protracted litigation, the Court thought it fit to award the sum "to secure her financial independence and ensure that she can lead her life with dignity.""The financial independence of a party does not preclude the High Court from granting maintenance if it is necessary to secure dignity, social standing, and financial stability post-divorce, especially in cases where the marriage has subsisted for a long period."Reference was made to the recent judgment in Kiran Jyot Maini vs Anish Pramod Patel which held that "the concept of maintenance and alimony encompasses a right to sustenance that allows the spouse to live in a manner suited to her status and standard of living, and the aim is not to penalise the husband."The Court also reiterated that the factors to be considered while awarding maintenance or alimony include the duration of the marriage, the earning capacities of the parties, their age and health, their standard of living, and their financial and non-financial contributions to the marriage(referred Rajnesh v. Neha). In this case, the Court noted that the wife has spent substantial time during the pendency of the litigation without the emotional or financial support of the respondent. Moreover, granting a lumpsum as permanent alimony ensures finality and reduces the scope for future litigation between the parties. "While the appellant is presumably capable of earning, she has undoubtedly faced financial and emotional setbacks due to the prolonged litigation and separation," the Court said. It also took into account the welfare of their daughter as well.Also from the judgment- Marriage Built On Mutual Trust, Companionship; When These Missing, Marital Bond Becomes Mere Legal Formality : Supreme CourtCase : Amutha v. AR SubramanianCitation: 2024 LiveLaw (SC) 1030Click here to read the judgmentRelated - Ex-Husband Can't Be Expected To Maintain Ex-Wife As Per His Present Status All Life; Alimony Not To Equalise Wealth : Supreme CourtPermanent Alimony Shouldn't Penalize Husband But Should Ensure Decent Living For Wife : Supreme Court Lists Out Factors

Wife's Financial Independence No Bar To Grant Alimony If It's Necessary To Secure Dignity & Social Standing Post-Divorce: Supreme Court

LIVELAW NEWS NETWORK

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

LIVELAW NEWS NETWORK

Wife's Financial Independence No Bar To Grant Alimony If It's Necessary To Secure Dignity & Social Standing Post-Divorce: Supreme Court

LIVELAW NEWS NETWORK

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

LIVELAW NEWS NETWORK

This is a premium content
Available exclusively to
Our subscribers