One husband to his/her ex-wife for the whole life… Supreme Court’s big decision in the alimony case

New Delhi: An Indian-origin man living in America has had to pay a huge amount to both his/her wives. In November 2020, he/she gave an alimony of Rs 500 crore to his/her first wife. Now the Supreme Court (SC) has ordered him/her to give Rs 12 crore to his/her second wife. his/her marriage to his/her second wife lasted for less than a year. This man runs a successful IT consultancy service in America. This case is an example of how costly both marriage and divorce are. The man’s second marriage took place in July 2021, which ended within a few months. In SC she appealed for annulment of the second marriage. The second wife demanded that she should also get equal alimony as the first wife.

The bench of Justices BV Nagarathna and Pankaj Mittal expressed displeasure over the woman’s demand. The second wife wanted alimony equal to that of the first wife, even though the marriage of the first wife had lasted for many years. She also wanted property equal to that of her husband. Justice Nagarathna wrote in the 73-page judgment, ‘We have serious objection to the fact that people, while seeking alimony or maintenance, demand an amount equal to their spouse’s property. It is often seen that people refer to their spouse’s assets, status and income and then demand the same amount as their spouse has. he/she raised the question that if the property of the spouses decreases after separation, then why such demands are not made?

What did the court say?

The bench said that ‘the law of maintenance is to protect the wife from destitution, to maintain her dignity and to provide social justice. According to the law, the wife has the right to live, as far as possible, the same lifestyle as she lived in the matrimonial home when they lived together. But once the husband and wife are separated, the husband cannot be expected to continue supporting the wife throughout her life as per his/her present condition. If the husband is doing better in life after separation, then asking him/her to always maintain the wife’s status as per his/her changing status would be a burden on his/her personal progress.’

‘…if he/she became penniless after the separation?’

The bench asked, ‘We wonder whether the wife would want equal division of property with the husband, if after separation due to some unfortunate event he/she has become penniless?’ This case raises many questions about the financial arrangement after separation of husband and wife. Should the wife get maintenance as per her husband’s present condition or as per the condition during the marriage? Is the purpose of alimony only to save the wife from destitution or to make her equally entitled to her husband? This decision may set a precedent for such cases in future. This case has sparked debate on the issue of alimony and divorce in the society.