The Supreme Court enhanced permanent alimony from ₹15 to ₹50 lakhs, balancing the husband’s capacity to pay against the wife’s qualifications and potential to earn. The ruling underscores that alimony is not merely sustenance but must provide financial security commensurate with the marital standard of living.
Facts Of The Case:
The case involves an appeal by the wife, M.V. Leelavathi, against a Karnataka High Court order that upheld the dissolution of her marriage to Dr. C.R. Swamy on grounds of cruelty and confirmed a permanent alimony award of ₹15,00,000. The couple married in February 2009 and the marriage remained childless. The husband, a doctor, filed for divorce in 2011 alleging mental cruelty. The wife contested the petition and filed a counterclaim for restitution of conjugal rights. During the protracted litigation, the wife was initially granted interim maintenance of ₹10,000 per month, which was later enhanced to ₹25,000 per month by the High Court. In 2015, the Family Court granted the divorce decree and awarded the lump sum alimony. The wife appealed the divorce decree and dismissal of her counterclaim, while the husband separately challenged the alimony quantum. The High Court dismissed all appeals. Before the Supreme Court, the appeal was limited to the question of alimony. The Court directed both parties to disclose their financials, noting the husband’s stable income as a doctor and the wife’s high qualifications as an M.Tech and LL.B. holder who was presently unemployed.
Procedural History:
The respondent-husband initiated the litigation by filing a divorce petition under Section 13(1)(a) of the Hindu Marriage Act, 1955, before the Family Court in 2011. The appellant-wife filed objections and a counterclaim for restitution of conjugal rights. During the pendency of the suit, she successfully applied for interim maintenance, which was enhanced by the High Court. The Family Court, in its 2015 judgment, granted the divorce decree and awarded permanent alimony. This led to three separate appeals before the Karnataka High Court: two by the wife challenging the divorce decree and dismissal of her counterclaim, and one by the husband challenging the alimony quantum. The High Court’s impugned 2022 common order dismissed all appeals, upholding the Family Court’s decision. The wife then filed Special Leave Petitions (SLPs) in the Supreme Court, which granted leave and limited its examination solely to the issue of the adequacy of the permanent alimony awarded.
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Court Observation:
In its observations, the Supreme Court noted that while the appellant-wife was presently unemployed, she was highly qualified as an M.Tech and LL.B. holder and possessed the ability to earn and sustain herself, thus not being in a state of acute economic deprivation. Conversely, the Court found that the respondent-husband, a doctor with a stable monthly income, demonstrably possessed a significantly higher capacity to pay than the amount originally awarded by the Family Court. Emphasizing a balanced approach, the Court ruled that alimony must weigh the respondent’s capacity to pay against the appellant’s needs, aiming to provide financial security and a standard of living commensurate with the marital circumstances. This rationale formed the basis for enhancing the settlement.
Final Decision & Judgement:
The Supreme Court partly allowed the appeals. While it affirmed the decree of divorce granted by the courts below, it modified the High Court’s order on the quantum of permanent alimony. The Court enhanced the one-time settlement amount from ₹15,00,000 to ₹50,00,000, to be paid by the respondent-husband to the appellant-wife in five equal monthly instalments, concluding by January 2026. This final amount was determined to be just and equitable, reasonably securing the appellant’s future. The Court stipulated that this payment constitutes a full and final settlement of all claims arising from the marriage and the present litigation.
Case Details:
Case Title: M.V. Leelavathi vs. Dr. C.R. Swamy @ Dr. C.R. Kumara Swamy Citation: 2025 INSC 994 Appeal Number: (Arising out of SLP (Civil) Nos. 2249-2250 of 2023) Date of Judgement: August 18, 2025 Judges/Justice Name: Justice Vikram Nath and Justice Sandeep Mehta