Legal provisions involved: Section 13(1)(ia), Hindu Marriage Act, 1955

Judgement by: Supreme Court

Judge/Bench: Justice Vikram Nath and Justice Sandeep Mehta

Facts 

The husband and wife got married on 6 December 2008. At that time, the husband was training as a judicial officer and the wife was working as an Additional Advocate General. They had a daughter in 2009. In 2018, the husband filed for divorce claiming cruelty. The Family Court rejected his plea and held that cruelty was not proved. Later, the Punjab and Haryana High Court granted divorce and awarded ₹30 lakh as permanent alimony to the wife, along with financial protections for their daughter. The wife then approached the Supreme Court.

Key legal provisions 

Section 13(1)(ia) of the Hindu Marriage Act, 1955.

Issues raised 

Whether the amount of alimony was fair in nature?

Arguments of the case 

The wife opposed the divorce and argued that the alimony was too low since she was no longer practising law. The husband supported the High Court’s decision.

Judgement 

The Supreme Court upheld the divorce and increased the permanent alimony from ₹30 lakh to ₹50 lakh, stating that the wife has the right to live a life similar to the one she had during the marriage.

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