Divorce: The Supreme Court ruled the important verdict in the divorce case of the husband and wife. He also kept in mind the inflation and the growing monthly salary of the husband in the living allowance of the divorced wife. A similar case happened when the wife’s spell of Rs 20,000 was increased to Rs 50,000. Also, in every 2 years, the rule of increase in Gujarebhatte by 5 percent was also added. At the same time, even after the husband’s second marriage, the son of the first wife accepted the right to the father’s ancestral property.
Supreme court order
On 29 May 2025, the Supreme Court, in an important judgment, ordered the husband to give a permanent alimony to his ex -wife every month. The court also said that this amount will increase by 5% every two years. The decision came at a time when the wife had demanded to increase it, stating the already fixed amount of Rs 20,000 inadequate.
What did the court say?
The Supreme Court said that the wife who is still living unmarried and independently, should get maintenance that shows their standard of marital life and protect their future. The court also admitted that the husband’s income has increased over time and is in a position to give more maintenance. Therefore, it is necessary to increase the first fixed amount. The case of this divorce has been going on for 17 years.
So far this happened in the case of husband-wife divorce ..
18 June 1997: Both are married to Hindu customs.
August 5, 1998: The couple has a son.
July 2008: Husband files a case for divorce. The wife also filed a separate case for maintenance.
14 January 2010: The trial court ordered the wife to pay Rs 8,000 monthly interim maintenance and Rs 10,000 for lawyer expenses.
March 28, 2014: The court ordered the husband to pay Rs 8,000 to the wife and Rs 6,000 to the son.
May 14, 2015: The High Court increased this amount to Rs 15,000.
January 1, 2016: The court dismisses the husband’s divorce case.
July 14, 2016: The High Court fixed the maintenance of Rs 20,000 for his wife.
25 June 2019: High Court approves divorce.
7 November 2023: The Supreme Court had made the maintenance amount of Rs 75,000 in the interim order, which was later challenged.
29 May 2025: The Supreme Court made Rs 50,000 in the final order. The provision of increase by 5% in every 2 years was also added to it.
Wife’s argument
On behalf of the wife, it was said that the amount of Rs 20,000 was decided when the husband’s income was very low, but now his monthly income is around Rs 4 lakh, yet it is difficult to spend such less money. The wife’s lawyers said that this amount was fixed as interim maintenance, not permanent and it must be extended now.
Husband’s argument
The husband said that he is now married again and has to take responsibility of his elderly parents and new wife. He also said that his son is now 26 years old and is independent, so it is not necessary to give him any kind of maintenance. He also presented his salary slip, bank statement and income tax returns before the court.
What did the Supreme Court say?
The wife will get Rs 50,000 monthly, and this amount will increase by 5% every two years. No compulsory maintenance will have to be given for the son, but if the husband wants, he can voluntarily help him in his studies or needs. The son will remain right in ancestral property. This decision of the Supreme Court shows that maintenance should not only be for name. It should be practical and just. This decision is a relief message for women who are living alone after divorce and expects justice as the financial status of her ex -husband.
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