Ex-Husband Not Obliged to Maintain Ex-Wife According to His Current Status for Life; Alimony Should Not Be Used to Equalize Wealth : Supreme Court
The Supreme Court in the case of Rinku Baheti Vs Sandesh Sharda has ruled that a divorced wife cannot claim permanent alimony simply to achieve equal wealth status with her ex-husband. The Court expressed concerns over the growing trend in matrimonial proceedings where maintenance or alimony is sought as an "equalization of wealth," often based on the spouse's assets, status, and income. While the wife is entitled to be maintained at a standard similar to what she had during the marriage, the husband is not obliged to maintain her at his current financial status after separation.
The Court questioned whether the wife would still seek equalization if the husband's financial position had deteriorated. It emphasized that alimony should not be treated as a way to match the wealth of the spouse but to ensure social justice and dignity for the destitute. The law of maintenance aims to empower the financially disadvantaged, not to impose an ongoing burden on the husband based on his future success.
The case concerned a petition for permanent alimony after a marriage was irretrievably broken down. The wife claimed that the husband had assets worth Rs 5000 crores in the US and had paid Rs 500 crores in alimony to his first wife. The Court was surprised by her request for equalization, not only with the husband but also with his ex-wife. After considering the wife’s needs, income, and other factors, the Court settled the alimony at Rs 12 crores, stressing that alimony should be determined based on the individual circumstances, not the husband’s previous payments to his ex-wife.
The Court also noted that disputes over alimony amounts are often contentious, with accusations aimed at uncovering the opposite party’s financial status, referencing precedents from Kiran Jyot Maini vs. Anish Pramod Patel (2024) and Rajnesh vs. Neha (2020).