LexPARVIN KUMAR JAIN versus ANJU JAIN
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[2024] 12 S.C.R. 543 : 2024 INSC 961 Parvin Kumar Jain v. Anju Jain (Civil Appeal No(s). 14277-14278 of 2024) 10 December 2024 [Vikram Nath* and Prasanna B. Varale, JJ.] Issue for Consideration In the instant case, the parties were married and have a son born from their wedlock, however, the realtionship soured and they have been living separately for more than two decades. The main issue between the parties all these years, since separation, is the quantum of maintenance to be paid by the appellant-husband to the respondent-wife. Headnotes† Hindu Marriage Act, 1955 – Quantum of maintenance – Permanent alimony – The respondent’s application for enhanced interim maintenance rested on her assertion of significant changes in circumstances since the last maintenance order, including the increased financial requirements of herself and the son: Held: It is evident from the records that the relationship between the parties appears to be strained from the beginning and only further soured over the years – Reconciliation proceedings during the pendency of the divorce petition also failed – The parties have been litigating maintenance proceedings for a prolonged period, and there appears to be no cogent reason to only deal with the issue of interim maintenance after twenty years of strained relationship and separation – These facts are admitted by the parties, and they have also mutually agreed for the dissolution of their marriage – Therefore, the marriage between the parties is dissolved while exercising the discretionary power u/Art. 142 of the Constitution of India – Now, the issue of maintenance pendente lite is infructuous with the dissolution of marriage, but the financial interest of the wife still needs to be protected through grant of permanent alimony – There cannot be strict guidelines or a fixed formula * Author 544 [2024] 12 S.C.R. Digital Supreme Court Reports for fixing the amount of permanent maintenance – The quantum of maintenance is subjective to each case and is dependent on various circumstances and factors – In the instant case, it is a matter of record and an admitted fact that the respondent is unemployed while the appellant is a well accomplished banker who has worked in multiple senior roles at various banks over the years – The appellant is currently working as the Chief Executive Officer of Vision Bank in Dubai and his estimated salary is about AED 50,000 per month which means that he is earning around Rs. 10 to 12 Lakhs per month – His DEMAT account details from 2010 reveal investment of Rs. 5 crores – Further, he has three properties – For the respondent, considering the standard of living enjoyed by her during subsistence of the marriage, the prolonged period of separation, and the appellant’s financial capacity, a one- time settlement amount of Rs. 5 crores (Rupees five crores only), appears to be just, fair and reasonable amount for the respondent to be paid by the appellant towards settlement of all pending claims also – Since, the appellant herein has sufficient means to support his child, and thus provision should also be made for his maintenance and financial security as well – An amount of Rs. 1 crore (Rupees one crore only) towards the maintenance and care of the son appears to be fair, which he can utilize for his higher education and as security till he becomes financially independent. [Paras 27, 31, 34, 36, 40, 41] Case Law Cited Ajay Mohan and Ors. v. H.N, Rai and Ors. [2007] 13 SCR 298 : (2008) 2 SCC 507; Rajnesh v. Neha and Another [2020] 13 SCR 1093 : (2021) 2 SCC 32; Shilpa Sailesh v. Varun Sreenivasan [2023] 5 SCR 165 : (2022) 15 SCC 754; Kiran Jyot Maini v. Anish Pramod Patel [2024] 7 SCR 942 : (2024) SCC OnLine SC 1724; Ashok Hurra v. Rupa Bipin Zaveri [1997] 2 SCR 875 : (1997) 4 SCC 226; Hitesh Bhatnagar v. Deepa Bhatnagar [2011] 6 SCR 118 : (2011) 5 SCC 234; Vinny Paramvir Parmar v. Paramvir Parmar [2011] 9 SCR 371 : (2011) 13 SCC 112; Vishwanath Agrawal v. Sarla Vishwanath Agrawal [2012] 7 SCR 607 : (2012) 7 SCC 288 – referred to. List of Acts Hindu Marriage Act, 1955. [2024] 12 S.C.R. 545 Parvin Kumar Jain v. Anju Jain List of Keywords Quantum of maintenance; Permanent alimony; Pendente lite maintenance; Divorce; One-time settlement amount; Maintenance and financial security; Increased financial requirements; Article 142 of the Constitution. Case Arising From CIVIL APPELLATE JURISDICTION: Civil Appeal Nos
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