SC judgements on permanent alimony
In Parvin Kumar Jain v Anju Jain [2024 INSC 961), the Supreme Court (SC) by relying on the judgements in Kiran Jyot Maini v Anish Pramod Patel and Rajnesh v Neha, outlines the factors regarding permanent alimony.
The objective of permanent alimony
The SC states that the primary objective of granting permanent alimony is to ensure that the dependent spouse is not left without any support and means after the dissolution of the marriage.
It aims at protecting the interests of the dependent spouse and does not provide for penalizing the other spouse in the process.
SC guidelines on permanent alimony
The Court, in paragraph 32 of the judgment, laid down that the following factors are to be looked into in granting permanent alimony:-
- Status of the parties, social and financial.
- Reasonable needs of the wife and the dependent children.
- Parties’ individual qualifications and employment statuses.
- Independent income or assets owned by the applicant.
- Standard of life enjoyed by the wife in the matrimonial home.
- Any employment sacrifices made for the family responsibilities.
- Reasonable litigation costs for a non-working wife.
- Financial capacity of the husband, his income, maintenance obligations, and liabilities.
Earlier judgments the SC relied on
Earlier the SC in the case of Rajnesh v Neha provided a comprehensive criterion and a list of factors to be looked into while deciding the question of permanent alimony. The guidelines have been reiterated by the SC in Kiran Jyot Maini v Anish Pramod Patel.
The latest judgment, in Parvin Kumar Jain v Anju Jain, lays down an elaborate and comprehensive framework necessary for deciding the amount of maintenance in all matrimonial proceedings, with specific emphasis on permanent alimony.
