LexRAKHI SADHUKHAN versus RAJA SADHUKHAN
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[2025] 5 S.C.R. 782 : 2025 INSC 789 Rakhi Sadhukhan v. Raja Sadhukhan (Civil Appeal No. 10209 of 2024) 29 May 2025 [Vikram Nath* and Sandeep Mehta, JJ.] Issue for Consideration Whether the quantum of permanent alimony of Rs.20,000/- per month, subject to a 5% increase every three years, fixed by the High Court ought to be enhanced. Headnotes† Permanent alimony – Quantum of – Enhancement of: Held: Respondent-husband’s income, financial disclosures and past earnings establish that he can pay a higher amount – Appellant-wife who 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 – Furthermore, the inflationary cost of living and her continued reliance on maintenance as the sole means of financial support necessitate a reassessment of the amount – Permanent alimony enhanced to Rs.50,000/- per month, subject to a 5% increase every two years – Impugned order modified to that extent. [Paras 7-9] List of Acts Special Marriage Act, 1954; Hindu Marriage Act, 1955. List of Keywords Quantum of permanent alimony; Enhancement of permanent alimony; Husband in a position to pay a higher amount; Wife remained unmarried, living independently; Entitled to a level of maintenance; Standard of living enjoyed during the marriage; Inflationary cost of living; Continued reliance on maintenance; Financial stability for the wife; Permanent alimony enhanced; Reassessment of Permanent alimony; Divorce granted on the ground of mental cruelty and irretrievable breakdown of marriage. * Author [2025] 7 S.C.R. 783 Rakhi Sadhukhan v. Raja Sadhukhan Case Arising From CIVIL APPELLATE JURISDICTION: Civil Appeal No. 10209 of 2024 From the Judgment and Order dated 25.06.2019 of the High Court at Calcutta in FA No. 92 of 2019 With Contempt Petition (C) No. 857 of 2024 In Civil Appeal No. 10209 of 2024 Appearances for Parties Advs. for the Appellant: Ashutosh Dubey, Mrs. Rajshri Dubey, Abhishek Chauhan, Amit P Shahi, Anjan Datta, Rahul Sethi, Gaurav Yadav, Sumant A Khan, Manish Dhingra, Rajendra Anbhule, Manish Bhandari, Mrs. Sona Khan, Amit Kumar, Ms. Trikha Chanda, Ms. Chanda Trikha. Advs. for the Respondent: Rashid N. Azam, Nirmal Singh Shekhawat, Rahul Yadav, Rinny Abraham, Rinny Yadav. Judgment / Order of the Supreme Court Judgment Vikram Nath, J. 1. The present appeal arises out of the order dated 25.06.2019 passed by the High Court of Calcutta in FA No. 92 of 2019 (FAT No. 122 of 2015), whereby the Division Bench allowed the respondent-husband’s appeal and granted a decree of divorce, awarding permanent alimony of Rs. 20,000/- per month to the appellant-wife, with an increase of 5% every three years. 2. The facts relevant to the present appeal are as follows: 2.1 The appellant-wife and respondent-husband were married on 18.06.1997. 2.2 A son was born to the them on 05.08.1998. 2.3 In July 2008, the respondent-husband filed Matrimonial Suit No. 430 of 2008 under Section 27 of the Special Marriage Act, 784 [2025] 7 S.C.R. Supreme Court Reports 1954 seeking dissolution of marriage on the ground of cruelty allegedly inflicted by the appellant-wife. 2.4 Subsequently, the appellant-wife filed Misc. Case No. 155 of 2008 in the same suit under Section 24 of the Hindu Marriage Act, 1955, seeking interim maintenance for herself and the minor son. 2.5 The Trial Court, by order dated 14.01.2010, awarded interim maintenance of Rs. 8,000/- per month to the appellant-wife and Rs. 10,000/- towards litigation expenses. 2.6 The appellant-wife then instituted Misc. Case No. 116 of 2010 under Section 125 of the Code of Criminal Procedure, 1973. The Trial Court, vide order dated 28.03.2014, directed the respondent-husband to pay maintenance of Rs. 8,000/- per month to the appellant-wife and Rs. 6,000/- per month to the minor son, along with Rs. 5,000/- towards litigation costs. 2.7 The Trial Court, vide order dated 10.01.2016, dismissed the matrimonial suit, finding that the respondent-husband had failed to prove cruelty. Aggrieved, the respondent filed FAT No. 122 of 2015 before the High Court of Calcutta. 2.8 During the pendency of the appeal, the appellant-wife filed CAN No. 4505 of 2025 seeking interim maintenance of Rs. 30,000/- for herself and Rs. 20,000/- for the son, along with Rs. 50,000/- towards litigation expenses. 2.9 The High Court, by orde
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