Divorced Wife Remaining Unmarried Entitled To Maintenance Reflective Of Standard Of Life She Had During Marriage: Supreme Court
Supreme Court Ruling: Maintenance for Divorced Wife Reflective of Marital Standard of Living.
The Supreme Court of India has ruled that a divorced wife who remains unmarried and is living independently is entitled to maintenance that reflects the standard of living she enjoyed during her marriage and which reasonably secures her future.
The judgment was delivered by a bench of Justice Vikram Nath and Justice Sandeep Mehta in the case Rakhi Sadhukhan v. Raja Sadhukhan.
The Court enhanced the permanent alimony from ₹20,000 to ₹50,000 per month, with a 5% increase every two years, to ensure the wife’s financial stability and dignity after divorce.
Standard of Living: Maintenance should enable the divorced wife to maintain a lifestyle reasonably comparable to what she had during the marriage.
Financial Capacity: The quantum of maintenance is to be determined after considering the husband’s income, financial disclosures, and ability to pay.
Cost of Living: Inflation and the rising cost of living must be factored into the maintenance amount.
No Remarriage: The entitlement applies specifically if the wife remains unmarried and is not cohabiting with another partner.
Not Wealth Equalization: The Court clarified that maintenance is not meant to equalize wealth between ex-spouses but to ensure a dignified life for the wife, reflecting her marital standard without imposing perpetual obligations based on the husband’s post-divorce financial growth.
Relevant Observations from the Judgment
“The appellant-wife, who has remained unmarried and is living independently, is entitled to a level of maintenance that is reflective of the standard of living she enjoyed during the marriage and which reasonably secures her future
— Supreme Court Bench (Justice Vikram Nath and Justice Sandeep Mehta)
Factors Considered for Maintenance
Social and financial status of both parties
Reasonable needs of the wife
Wife’s educational qualifications and earning capacity
Husband’s income, assets, and financial obligations
Duration of marriage and lifestyle during marriage
Inflation and cost of living
A divorced wife, if she remains unmarried and independent, has a right to maintenance that ensures she can live with dignity and financial security, mirroring the standard of life she had during her marriage. The Supreme Court’s decision underscores the importance of fairness, financial transparency, and the need to prevent destitution, rather than creating parity in wealth between former spouses.
