VINNY PARMVIR PARMAR versus PARMVIR PARMAR

Citation: [2011] 9 S.C.R. 371 · Decided: 20-07-2011 · Supreme Court of India · Bench: P. SATHASIVAM · Disposal: Case Partly allowed
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Judgment (excerpt)

[2011] 9 S.C.R. 371 
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VINNY PARMVIR PARMAR 
A 
v. 
PARMVIR PARMAR 
(Civil Appeal Nos. 5831-33 of 2011) 
\ 
JULY 20, 2011 
B 
[P. SATHASIVAM AND DR. 8.S. CHAUHAN, JJ.] 
Hindu Marriage Act, 1955: 
s. 25 rlw s. 13-B - Decree of divorce by mutual consent - c 
Permanent alimony and maintenance -
Factors to be 
considered by the court - Maintenance of wife fixed by Family 
Court at Rs.20,0001- per month -
High Court, as an 
~ 
alternative also fixed permanent alimony at Rs.40 lakh in 
.. 
. lump-sum to be paid by the husband to the wife - Appeal by D 
wife - HELD: No fixed formula can -be laid for fixing the 
amount of maintenance - It has to be in the nature of things 
which depend on various facts and circumstances of each 
case - It is relevant to point out that the status and mode of 
life of the claimant when she lived with her husband is also E 
one of the relevant factors for determining the amount of 
maintenance - In the instant case, the wife was working as Air 
Hostess with Cathay Pacific Airlines and getting sizeable 
income and after the marriage, at the instance of the husband, 
- j 
she resigned from her job - Considering the conditions F 
' 
prescribed in s. 25 relating to claim of permanent alimony/ 
maintenance and the facts that as on date the wife is not 
permanently employed and is living with her sister at Mumbai 
and she does not possess any immovable property at 
Mumbai, the husband's income from salary as Sr. 
Commander in Air India, other properties standing in his G 
name, his age being 42 years, future employment prospects 
and also considering the fact that he has re-married, has a 
child and has also to look after his parents, the ends of justice 
would be met by fixing maintenance at the rate of Rs.40,0001 
371 
H 
372 
SUPREME COURT REPORTS 
[2011] 9 S.C.R. 
A - per month - In the alternative, the amount of permanent 
alimony/ maintenance is fixed at Rs. 40 lakhs in lump sum 
to be paid by the husband to the wife which will forfeit all her 
claims. 
8 
In the appeals filed before the High Court against the 
order of the Family Court, the divorce petition of the 
respondent-husband was converted into divorce by 
mutual consent and the marriage was dissolved by a 
decree uls 13-8 of the Hindu Marriage Act, 1955. The 
Family Court had fixed maintenance to be paid to the wife 
C at Rs. 20,000/- per month which was affirmed by the High 
Court. While disposing of the appeals, as an alternative 
measure, the High Court also fixed the amount of 
permanent alimony at Rs. 20 lakhs in lump sum to be paid 
by the husband to the wife. Being not satisfied with the 
D amount of maintenance fixed, the wife filed the instant 
appeals for enhancement. 
The only point for consideration before the Court 
was: what would be the reasonable amount the appellant-
E wife was entitled by way of maintenance from the 
husband in terms of s. 25 of the Act. 
Partly allowing the appeals, the Court 
HELD: 1.1 As per s. 25, of the Hindu Marriage Act, 
F 1955, while considering the claim for permanent alimony 
and maintenance of either spouse, the respondent's own 
income and other property, and the income and other 
property of the applicant are all relevant material in 
addition to the conduct of the parties and other 
G circumstances of the case. It is further seen that the court 
considering such claim has to consider all the relevant 
materials and determine the amount which is to be just 
for living standard. No fixed formula can be laid for fixing 
the amount of maintenance. It has to be in the nature of 
H things which depend on various facts and circumstances 
\ 
VINNY PARMVIR PARMAR v. PARMVIR PARMAR 
373 
of each case. The court has to consider the status of the 
A· 
parties, their respective needs, the capacity of: the . 
husband to pay, having regard to reasonable expenses , 
for his own maintenance and· others whom he is obliged' 
to maintain under the law and statute. The court also has · 
to take note of the fact that the amount of maintenance~ B-
fixed for the wife should be such as she can live in 
reas·onable comfort considering her status and mode of 
life she was used to live when she lived with her 
husband. At the same time, the amount so fixed cannot 
be excessive or affect the living condition of the other c 
party. [para 12) (379-B-E] 
Shri Bhagwa(I Dutt vs. Smt. Kam/a Devi and. Anr. 1975 
(2) SCR 483 = (1975) 2 sec 386; Chatµrbhuj vs. Sita Bai, 
2007 (12) SCR 577 = (2008) 2 sec 316 - relied on
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