Rinku Baheti Vs Sandesh Sharda (Supreme Court)

The Supreme Court in Rinku Baheti Vs Sandesh Sharda TRANSFER PETITION (CIVIL) NO.278 OF 2023 has made it clear that a divorced woman cannot ask for permanent alimony just to match her ex-husband’s wealth. The Court raised concerns about the common practice in divorce cases where maintenance or alimony is seen as a way to achieve equal wealth with the other party.

While it’s important for a wife to be supported to the same standard of living she had while married, it is unreasonable to expect the husband to provide for her at the same level he can now if his circumstances have changed. Just because the husband has improved his financial situation after the divorce doesn’t mean the wife should get more alimony.

The Court posed an interesting question: “Would the wife still seek to equalize wealth if, due to unfortunate circumstances after their separation, the husband became poor?”

Justice BV Nagarathna and Justice NK Singh voiced their worries about how often maintenance or alimony requests aim to balance wealth with the other party. They pointed out that many people only push for equalization when the other spouse is financially successful. However, when the situation is reversed, and the other spouse is less wealthy, those demands vanish. This approach is inconsistent and unfair. Maintenance laws are meant to help those in need and promote social justice. The husband is legally bound to support his wife, but after separation, it’s not fair to expect him to keep up with his current financial situation for her benefit. If he has moved on and is doing well, asking him to maintain her previous lifestyle would be an unreasonable burden on his progress.

The Court was looking into the issue of permanent alimony after deciding that the marriage had irreparably broken down.

The wife claimed that her ex-husband had assets worth Rs 5000 crores in the US and had previously provided Rs 500 crores in alimony to his first wife.

The Court was surprised that she wanted to not only match her ex-husband’s wealth but also that of his ex-wife. In the end, the Court determined the permanent alimony to be Rs 12 crores.

In the ruling, the Court emphasized that it needed to consider various factors beyond just the husband’s income, such as the wife’s own income, her reasonable needs, and her rights regarding living arrangements. Her entitlement to maintenance should be based on her specific situation, not just on what the husband paid to his previous wife or solely on his income.

The Court pointed out that disagreements regarding alimony amounts are often the most disputed aspects in marital cases, frequently involving many accusations aimed at revealing the other party’s financial situation. They referenced earlier cases like Kiran Jyot Maini vs. Anish Pramod Patel, (2024) 7 SCR 942, and Rajnesh vs. Neha, (2021) 2 SCC 324 to support their statements.