Published On: Thu, Apr 20th, 2017

Indian Apex Court Sets Permanent Alimony As 20% For Estranged Wife

Estranged wife in India will be getting 25 percent of net salary of husband as alimony to ensure the woman lives with dignity after the separation.

The Supreme Court bench of Justices R Banumathi and M M Santanagoudar directed the percentage to a resident of Indian state of West Begal’s Hooghly who earns about Rs 1,00,000 per month.

Earlier a Calcutta high court ordered the man to pay her ex-wife Rs 23,000 per month as maintenance of her and to their son.

The apex court lately set the article Rs 20,000, just 3,000 below the order of high court on the ground the man has married again and need to provide enough money for his family.


The bench said the amount set for permanent alimony need to be befitting the status of both the parties as well as the capacity of the spouse to pay individual maintenance.

The Supreme Court bench added, “However, since the appellant has also got married a second time and has a child from the second marriage, we think it proper to reduce the amount of maintenance of Rs 23,000 to Rs 20,000 per month as maintenance to his (former) wife and son.”

Since 2003 the couple has been fighting a legal battle when the district court fixed the permanent alimony at Rs 4,500 and later the high court raised it to Rs 16,000 per month. In 2016 when the salary of husband hiked from Rs 63,842 to Rs 95,527, the amount was increased to Rs 23,000 per month.

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