Supreme Court sets alimony benchmark: 25% of ex-husband’s net salary


Posted On : April 21, 2017
Listen to this article

Table of Contents

NEW DELHI: The Supreme Court has set a benchmark for maintenance to be paid by a husband to his estranged wife, stating that 25% of his net salary might constitute a "just and proper" amount as alimony. A bench of Justices R Banumathi and M M Santanagoudar made the observation while directing a resident of West Bengal's Hoogly, earning Rs 95,527 a month, to set aside Rs 20,000 as maintenance for his former wife and their son, turning down the man's plea that the amount was excessive. The court said the amount of maintenance or permanent alimony must be sufficient to ensure that a woman lived with dignity after separating from her husband. Its order came on the man's plea challenging a Calcutta high court order directing him to pay her Rs 23,000 per month. Though the apex court said there was nothing amiss in the high court order, it reduced the amount by Rs 3,000 on the ground that the man had remarried and hence needed to provide for his new family. "Twenty-five per cent of the husband's net salary would be just and proper to be awarded as maintenance to the (former) wife. The amount of permanent alimony awarded to her must be befitting the status of the parties and the capacity of the spouse to pay maintenance, which is always dependant on the factual situation of the case... and the court would be justified in moulding the claim for maintenance passed on various factors," the bench said. While stating that the high court was justified in enhancing the maintenance on the basis of the husband's salary, the SC bench noted : "However, since the appellant has also got married a second time and has a child from the second marriage, we think it proper to reduce the amount of maintenance of Rs 23,000 to Rs 20,000 per month as maintenance to his (former) wife and son," the court said. The couple has been fighting a legal battle over maintenance since 2003 when the district judge fixed the amount at Rs 4,500. The high court, however, awarded Rs 16,000 per month in 2015 and increased it to Rs 23,000 in 2016 as the husband's salary went up from Rs 63,842 to Rs 95,527.

 The apex court's ruling follows its inclination to protect claims of women in matrimonial disputes affecting their financial status. "A Hindu woman's right to maintenance is a personal obligation so far as the husband is concerned, and it is his duty to maintain her even if he has no property... . It is well settled that under the Hindu Law, the husband has got a personal obligation to maintain his wife and if he is possessed of properties then his wife is entitled to a right to be maintained out of such properties," the apex court had said in a judgment it had delivered in 2016.

SOURCE : Times of India, 21st April 2017

Written By:
admin

admin


Recommended Free Legal Advices
question markAbout alimony and baby maintenance from NRI husband 1 Response(s)
Dear Client, In matters of divorce and child custody, it's crucial to consult with a family law attorney who can provide advice tailored to your specific situation. Generally, grounds for divorce can include mental cruelty and abandonment, but the legal procedures can vary based on the jurisdiction involved. In international cases like yours, it might involve additional complexities. Your husband's absence during hearings may indeed impact the process; your attorney can guide you on how to address this. Alimony and child support calculations depend on various factors, including your respective incomes, child custody arrangements, and living expenses. Your career restart and earning income might be considered in alimony discussions. Remarrying could influence alimony but generally does not impact child support. Child support and visitation rights are usually separate matters, and paying child support does not automatically grant visitation rights. Consulting a family law attorney will provide the most accurate advice tailored to your specific situation and jurisdiction. Thankyou
question markMutual divorce 4 Response(s)
excessive greed is sure shot reason for doom. absolutely no need to pay so much. Let her earn her life. you can give 'WILL' because 'WILL" can be changed even after 24 hours. approach a good lawyer. dont make mistake of giving up.
question markTransfer of alimony on MCD 4 Response(s)
Part payment plan is not advisable. Ask him to make all the payments in the accounts department of the concerned Family Court upon signing the divorce Petition and filing the same. The amount can be later withdrawn by you after the decree of divorce has been passed with the order of the Court. Especially the final part of accepting payments in cash is at all not recommended. Thank you. If you have found the answer helpful than please provide review and give ****** as appreciation.
question markQuestion about Alimony Timing in Divorce 2 Response(s)
Dear client, you can ask for alimony during the divorce proceedings in the court. The appropriate time would be when the court will be granting divorce to you. It is possible for you to ask alimony after court has granted the divorce. Yes, wife can be granted permenant alimony after getting maintenance under sec 25 of hindu marriage act.
question markSC QUASHED Sec 376, Can It Be Reopen under Marital Dispute With Wife? 2 Response(s)
Dear Sir, My answers are as follows: Question 1:- Is it possible for her to reopen the quashed cases my supreme court. Ans: It is a highest Court of the land and once matter is compromised before the Hon’ble Supreme Court it cannot be reopened at any cost. However, she can file other cases like Domestic Violence, 498A of IPC and under Section 3 and 4 of Dowry Prohibition Act and you have to suffer a lot. Better agree for her terms and accordingly proceed. Question 2:- What steps I should take, case not to get reopen in supreme Court? Kindly advice ?? Ans: You need not take any steps and it is for her to take steps but nothing is left out to reopen such case.