Permanent Alimony to Ensure Decent Living Standard:SC
Jul 18, 2024
Last Updated on July 18, 2024 by News Desk
The SC had ordered that the awarding of maintenance to the wife is not penal, but is to ensure a decent living standard for a wife.
The court ordered the husband to pay Rs. 2 Crores to his wife as permanent alimony.
The bench comprised of Justice Vikram Nath and Prashant Kumar Mishra.
- A series of precedents were relied upon. One of it was the Vishwanath Agarwal v Sarla Agarwal. In this case, it was observed that the alimony has to be decided after keeping several factors in mind the social status, the conduct of the parties, the lifestyle, and other factors.
- In another case, Rajnesh v. Neha and Anr, several factors were laid down for the calculation of the maintenance. It was deduced that the status of parties is a significant factor.
- The court said that the husband’s financial capacity would be taken into consideration. His actual income, reasonable expenses for his maintenance, and any dependents he is legally obligated to support should be examined.
- The court also concluded that it was a case of an irretrievably broken marriage. It relied on the case of Ashok Hurra v Rupa Zaveri and Shilpa Sailesh v Varun Sreenivasan.
- It was noted by the court that multiple attempts of reconciliation were made but all efforts became futile.
Written By:- Shianjany Pradhan (@SHIANJANYPRADHAN)
