LexM.V. LEELAVATHI versus DR. C.R. SWAMY @ DR. C.R. KUMARA SWAMY
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[2025] 9 S.C.R. 178 : 2025 INSC 994 M.V. Leelavathi v. Dr. C.R. Swamy @ Dr. C.R. Kumara Swamy (Civil Appeal No(s).10684-10685 of 2025) 18 August 2025 [Vikram Nath* and Sandeep Mehta, JJ.] Issue for Consideration The Family Court awarded Rs.15,00,000/- as permanent alimony, which was upheld by the High Court. Headnotes† Hindu Marriage Act, 1955 – Decree of divorce – Permanent alimony – The Family Court granted a decree of divorce and awarded Rs.15,00,000/- as permanent alimony – The High Court upheld the grant of divorce on the ground of cruelty and held that the Rs.15,00,000/- awarded as alimony by the Family Court was appropriate – Correctness: Held: Decree of divorce affirmed – 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 – Considering the evidence on record, this Court finds 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. [Paras 9, 10] List of Acts Hindu Marriage Act, 1955. * Author [2025] 9 S.C.R. 179 M.V. Leelavathi v. Dr. C.R. Swamy @ Dr. C.R. Kumara Swamy List of Keywords Permanent alimony; Determination of alimony; Capacity to pay higher amount; Ability to sustain; Ability to earn; Economic deprivation; Educated; Highly qualified; Enhancement of permanent alimony; Adoption of balance approach. Case Arising From CIVIL APPELLATE JURISDICTION: Civil Appeal No(s). 10684-10685 of 2025 From the Judgment and Order dated 18.11.2022 of the High Court of Karnataka at Bengaluru in MFA No. 3747 of 2015 and MFA No. 2483 of 2022 Appearances for Parties Advs. for the Appellant: Shanthkumar V.Mahale, Sr. Adv., Madhvendra Singh, Ms. Anuradha Bhat, Ms. Adveetiya Sharma, Harisha S.r. Advs. for the Respondent: Mrigank Prabhakar, Ms. Sakshi Banga, Siddharth Sahu. Judgment / Order of the Supreme Court Judgment Vikram Nath, J. 1. Leave granted. 2. These appeals arise from the common order dated 18.11.2022 passed by the High Court of Karnataka at Bengaluru in M.F.A. No.3747/2015 (FC) and M.F.A. No.2483/2022 (FC). The appellant-wife is before this Court as the High Court has upheld the decree of divorce granted by the Family Court and confirmed the amount of Rs.15,00,000/- awarded as permanent alimony. 3. The brief facts giving rise to the appeals are as follows: 3.1. The appellant-wife and the respondent-husband were married on 27.02.2009. The respondent pursued higher studies in Chandigarh, where the appellant joined him in December 180 [2025] 9 S.C.R. Supreme Court Reports 2009 and stayed until July 2010. The appellant claims to have financially supported the respondent during this period. The marriage is childless. 3.2. On 15.06.2011, the respondent filed a petition under Section 13(1)(a) of the Hindu Marriage Act, 19551 seeking dissolution of marriage on the ground of mental cruelty. 3.3. The appellant filed objections to the petition along with a counterclaim under Section 23(1)(a) of the HMA seeking restitution of conjugal rights. 3.4. In 2014, the appellant moved I.A. No.3 under Section 24 HMA seeking maintenance. The Family Court, by order dated 02.08.2013, awarded her Rs.10,000/- per month. Dissatisfied, she filed Writ Petition No.46786/2013, whereupon the High Court, by order dated 12.09.2014, enhanced the amount to Rs.25,000/- per month. 3.5. By order dated 25.04.2015, the Family Court granted a decree of divorce and awarded Rs.15,00,000/- as permanent alimony. 3.6. Aggrieved, the appellant filed M.F.A. No.3747/2015 to set aside the divorce decree, and M.F.A. No.2483/2022 against dismissal of her counterclaim. The respondent filed M.F.A. No.5015/2015 challenging the quantum of alimony. 3.7. By the impugned order, the High Court dismissed all three appeals. It upheld the grant of divorce on the ground of cruelty, noting that while the wife expressed willingness to resume marital life, the husband was unwilling. The Cou
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