Alimony may not be equal to husband’s wealth
A divorced wife cannot seek permanent alimony just to attain equal wealth status with the ex-husband, says the Supreme Court (SC) in Rinku Baheti Vs Sandesh Sharda [2024 INSC 1014].
The matrimonial proceedings to seek maintenance or alimony is being used as an attempt for equalisation of wealth with the other party.
Wife entitled to maintenance but not equal wealth
The SC added that the law of maintenance is aimed at empowering the destitute and achieving social justice and dignity of the individual. The husband is under a legal obligation to sufficiently provide for his wife. As per settled law, the wife is entitled to be maintained as far as possible in a manner that is similar to what she was accustomed to in her matrimonial home while the parties were together. But once the parties have separated, it cannot be expected of the husband to maintain her as per his present status all his life. If the husband has moved ahead and is fortunately doing better in life post his separation, then to ask him to always maintain the status of the wife as per his own changing status would be putting a burden on his own personal progress.
Court must examine all factors not husband’s wealth alone
The court has to not just consider the income of the respondent-husband here, but also bear in mind other factors such as the income of the petitioner-wife, her reasonable needs, her residential rights, and other similar factors. Thus, her entitlement to maintenance has to be decided based on the factors applicable to her and not depend on what the respondent had paid to his ex-wife or solely on his income.
Judgements SC relied on
The SC relied on the judgements in Kiran Jyot Maini v Anish Pramod Patel [2024INSC 530], and Rajnesh v Neha.
