Divorced wife entitled to maintenance to secure future, if living independently sans remarriage

A divorced wife is entitled to a level of maintenance that reflects the standard of living she enjoyed during the marriage and which reasonably secures her future, if she is living independently without getting remarried, the Supreme Court has ruled.

The ruling came from a Bench of Justice Vikram Nath and Justice Sandeep Mehta which enhanced the monthly maintenance of a divorced woman from West Bengal from Rs 20,000 to Rs 50,000.

“In our considered opinion, a sum of Rs 50,000 per month would be just, fair and reasonable to ensure financial stability for the appellant-wife. This amount shall be subject to an enhancement of 5% every two years,” the Bench said in its May 29 order.

“As regards the son, now aged 26, we are not inclined to direct any further mandatory financial support. However, it is open to the respondent-husband to voluntarily assist him with educational or other reasonable expenses,” it said, allowing the wife’s appeal.

The Bench, however, clarified that “the son’s right to inheritance remains unaffected, and any claim to ancestral or other property may be pursued in accordance with law”.

The order came on the wife’s appeal challenging the Calcutta High Court’s June 25, 2019 order granting a decree of divorce to the husband on the grounds of cruelty and awarding a permanent alimony of Rs 20,000 per month to the wife with an increase of 5% every three years.

The wife moved the Supreme Court seeking an increase in the alimony, contending that the amount was inadequate in view of her ex-husband's financial status. She pointed out that he was employed at the Institute of Hotel Management in Kolkata with a net monthly income of Rs 1.64 lakh and that the alimony awarded to her was too low to match the standard of living she enjoyed during the marriage and did not reflect the current cost of living.

On the other hand, the husband submitted that he had remarried and had substantial financial commitments, a dependent family and aged parents. He also contended that their son was now 26 and financially independent.

“The respondent-husband's income, financial disclosures, and past earnings establish that he is in a position to pay a higher amount. The appellant-wife is entitled to a level of maintenance that is reflective of the standard of living she enjoyed during the marriage and which reasonably secures her future,” the top court said, allowing the wife’s appeal.