Case at a Glance
A Family Court in Bhopal granted the husband divorce and fixed permanent alimony at ₹15,000 a month plus ₹50,000, and the Madhya Pradesh High Court refused to enhance it. The wife, not challenging the divorce, sought more. Relying on Bhuwan Mohan Singh v. Meena and Rajnesh v. Neha, the Supreme Court held that ₹15,000 was inadequate given inflation and the husband's means. With both counsel agreeing, it raised the alimony to ₹30,000 a month from July 2021, with arrears payable over up to four years.
Background
The parties married on 13 November 1994 and have a son, born in 1997, who is now an adult. They have lived apart since 2011. The husband sought divorce under Section 13 of the Hindu Marriage Act, 1955. By judgment dated 30 November 2015 (Civil Suit No. 985-A/2012), the First Additional Principal Judge, Family Court, Bhopal, granted divorce and awarded permanent alimony of ₹15,000 a month plus a lump sum of ₹50,000.
The wife's appeal seeking enhancement (First Appeal No. 156 of 2016) was dismissed by the Madhya Pradesh High Court on 29 August 2018, and mediation at the High Court's Mediation Centre at Jabalpur failed. She filed her special leave petition on 2 July 2021. She said the husband, a doctor, earned about ₹1.6 lakh a month with private practice and rental income, had remarried and lived affluently. He said she was highly qualified, that he paid for their son's education and that his second marriage had also broken down.
The Question Before the Court
Was permanent alimony of ₹15,000 a month adequate, and from when should any enhancement run?
Alimony Must Keep Pace With Dignity
The Court noted that the wife did not challenge the divorce; the appeal concerned only the amount. It observed that marriage carries obligations to ensure that the other spouse can live with dignity, and that a spouse's education or parental support does not end those obligations. It relied on Bhuwan Mohan Singh v. Meena and Rajnesh v. Neha for the principles governing maintenance.
The Court found that the husband had sufficient means to pay more and that ₹15,000 a month was inadequate in view of inflation and the cost of living. After taking instructions, both counsel agreed to enhancement to ₹30,000 a month. The Court made the enhancement effective from 2 July 2021, the date of the special leave petition. It directed regular payment by the 5th of each month from February 2026, and fixed arrears of ₹8,10,000, payable in a lump sum or in instalments over four years.
What the Court Held
- The appeal concerned only the quantum of permanent alimony; the divorce was not challenged.
- ₹15,000 a month was inadequate given the husband's means, inflation and cost of living.
- Alimony was raised to ₹30,000 a month from 2 July 2021, payable by the 5th of each month from 5 February 2026.
- Arrears of ₹8,10,000 may be paid in a lump sum or over four years; the appeal was allowed without costs.
Why It Matters
- Periodic alimony fixed years ago can be revisited for inflation and cost of living.
- Enhancement can run from the date the challenge was filed, creating arrears.
- Bhuwan Mohan Singh and Rajnesh v. Neha continue to guide permanent alimony.
For Litigants / For Counsel
For litigants
- If monthly alimony has become inadequate over time, it can be challenged.
- A spouse's remarriage and lifestyle may be relevant to their capacity to pay.
For counsel
- Seek enhancement from the date of filing so that arrears accrue.
- Propose structured arrears payment to make an enhanced award realistic.
Key Takeaways
- Monthly alimony doubled to ₹30,000.
- The increase runs from 2 July 2021.
- Arrears of ₹8.1 lakh can be paid over four years.
- The divorce itself was not disturbed.
FAQs
Why was alimony increased?
The Court found ₹15,000 inadequate given the husband's means, inflation and the cost of living, and both counsel agreed to ₹30,000.
From when does the higher amount apply?
From 2 July 2021, the date of the special leave petition.
How are the arrears to be paid?
In one lump sum or in instalments over four years, with at least one-third in equated quarterly instalments if paid in instalments.
Conclusion
The Supreme Court treated permanent alimony as a living obligation that must reflect current costs and the paying spouse's means, not a figure frozen in time.
Practical takeaway: monthly alimony fixed long ago may be enhanced, with arrears, if it no longer secures a dignified life.