Supreme Court Criticizes Maintenance Claims Aimed at Wealth Equalization
On Thursday, the Supreme Court expressed concerns over the increasing tendency in alimony and maintenance cases where parties seek to equalize their financial standing with their estranged spouse.
A Bench of Justices BV Nagarathna and Pankaj Mithal observed that such demands are often raised only when the spouse is financially well-off, but are noticeably absent when the spouse’s financial condition is weaker.
“We are concerned about parties seeking maintenance or alimony to achieve financial parity with their spouse. Applicants frequently emphasize the spouse’s assets, income, and status to demand amounts matching their wealth. However, this approach is inconsistent, as such demands are rarely made when the spouse’s financial position has worsened since the separation,” the Court stated.
The remarks were made while hearing a woman’s plea to transfer her husband’s divorce petition from Bhopal to Pune due to logistical issues. The petitioner argued before the family court that her husband had previously provided his first wife with 50% of his net worth—around ₹500 crore—along with a house in the USA after their divorce.
Another key issue was whether the Court could invoke its powers under Article 142(1) of the Constitution to grant a divorce based on the irretrievable breakdown of marriage.
The Court noted that while it exercises caution in granting divorce on this ground, the circumstances of this case justified the decision. Factors such as the brief duration of cohabitation, lack of mutual respect, and extensive litigation—including criminal complaints—had led to a total breakdown of trust between the parties.
Balancing the respondent’s significant financial capacity with the petitioner’s need for economic security, the Court awarded the woman a lump-sum alimony of ₹12 crore.
