M.V. LEELAVATHI VERSUS DR. C. R. SWAMY (Supreme Court) 2025 INSC 994
| COURT: | Supreme Court |
| JUDGES: | Sandeep Mehta J, VIKRAM NATH J |
| LEGISLATION(S): | Hindu Marriage Act |
| COUNSEL: | N. A |
| FILE: | Click here to download the file in pdf format |
| Determination of alimony requires consideration of multiple factors. The husband has the capacity to pay a higher amount than that awarded by the Family Court. At the same time, the wife, although unemployed, is highly qualified and has the ability to earn and sustain herself. She is not in a state of acute economic deprivation. A balanced approach, weighing the husband's capacity and the wife's needs, must be adopted. | |
(i) The Family Court awarded Rs.15,00,000/- as permanent alimony, which the High Court upheld. We directed both parties to file affidavits disclosing their income and liabilities to enable assessment of all relevant factors.
(ii) The respondent is a doctor earning approximately Rs.1,40,000/- per month from his employment. The appellant holds an M.Tech (Computer Science) and an LL.B. degree. She claims to be presently unemployed.
(iii) The respondent has produced his Income Tax Returns reflecting a taxable income of around Rs.1.4 lakhs per month, along with his bank statements. The appellant asserts that in the year 2010, the respondent purchased property in his own name.
(iv) Determination of alimony requires consideration of multiple factors. It is evident from the material on record that the respondent has the capacity to pay a higher amount than that awarded by the Family Court. At the same time, although the appellant claims to be unemployed, she is highly qualified and has the ability to earn and sustain herself. She is not in a state of acute economic deprivation. A balanced approach, weighing the respondent’s capacity and the appellant’s needs, must therefore be adopted.
(v) Having considered the submissions and the evidence on record, we find it just and equitable to enhance the permanent alimony to Rs.50,00,000/- as a one-time settlement. This amount will reasonably secure the appellant’s future and ensure a standard of living commensurate with her circumstances.