In a precedent-setting judgment, India’s Supreme Court has significantly increased permanent alimony for a divorced but unmarried wife from Rs 20,000 to Rs 50,000 per month, along with a 5% hike every two years. The court also upheld the transfer of her ex-husband’s house to her name.

This marks a 2.5× increase over the Calcutta High Court’s 2016 award of ?20,000 monthly, revised every three years.

This case revolves around a divorced woman, Rakhi Sadhukhan, who had been fighting a prolonged legal battle for adequate maintenance from her ex-husband, Raja Sadhukhan. The couple separated in 2007, and the matter lingered in various courts for over a decade.

Rakhi argued that she had not been awarded maintenance reflective of the standard of living she enjoyed during the marriage, while Raja claimed he had limited income, additional responsibilities from a second marriage, and aged parents to support.

After years of litigation and increasing interim maintenance (from ?8,000 in 2010 to ?20,000 in 2016), Rakhi approached the Supreme Court seeking permanent alimony more aligned with inflation and her ex-husband’s actual earning capacity. At one point, when Raja failed to appear in court in 2023, the SC issued an ex parte (one-sided) order increasing interim maintenance to ?75,000 per month.

The wife also asked the Court to consider the transfer of a property (their shared flat) instead of ongoing monthly payments, given the long delays and mounting costs.

Why this case matters: 

·         Long battle spanning 17 years: The couple married in 1997 and divorced in 2019.

·         The wife contended that ?20,000 per month was grossly inadequate given the husband's income.

·         The husband argued financial constraints due to a second marriage, aging parents, and the fact that their son, now 26, was no longer dependent.

Court’s Verdict on Alimony

Supreme Court determined ?50,000/month is "just, fair and reasonable" to maintain the wife’s standard of living and protect against inflation 

The hike—?10,000 more than interim ?75,000 awarded in November 2023—is designed to reflect living costs and the wife’s existing lifestyle.

Award increases by 5% every two years, ensuring it keeps pace with economic changes . 

In short the court did the following:

·         Increased the permanent alimony to a significantly higher figure (by more than 150%).

·         Ordered the transfer of the marital home to Rakhi as part of the settlement.

·         Introduced a clause for 5% increase in maintenance every 2 years, automatically adjusting for inflation.

·         Stated that courts must consider: The marital standard of living, the husband’s entire earning history (not just current income) and the dependent spouse’s future financial needs

The court rejected the husband’s argument that remarriage or parental obligations should reduce his maintenance responsibilities to his first wife.

Home Transfer Required

The Court upheld the High Court’s earlier direction: the husband must clear any outstanding home loan and transfer legal ownership of the marital home to the ex-wife

The Supreme Court said: “The wife, who in this case has remained unmarried and is living independently, is entitled to a level of maintenance that is reflective of the standard of living she enjoyed during the marriage and which reasonably secures her future.”

Standard of Living Benchmarking

Courts will now be compelled to examine the quality of life led by the dependent spouse during the marriage. This includes factors like residential comforts, healthcare standards, social outings, travel habits, and educational opportunities. Maintenance will now become a tool to preserve lifestyle stability rather than a handout to barely cover subsistence. It fundamentally repositions spousal support as a continuity of living, not compensation for divorce.

As Karan Verma sums up, "if litigation lags, expect interim maintenance to continue rising—driven by non-appearance, inflation, evidence of payer’s income, and dependency needs. Courts may grant large ex parte interim awards and will periodically review amounts rather than waiting for a final decree."