Supreme Court Enhances Alimony to Rs. 50 Lakh in Bengaluru Divorce Case.


In a matrimonial dispute of M.V. Leelavathi v/s Dr. C. R. Swamy Dr. C.R. Kumara Swamy, the Supreme Court increased the alimony awarded to a Bengaluru lady from Rs. 15 lakh to Rs. 50 lakh as a one-time settlement. The Court noted that a balance between the husband's financial ability and the wife's future security must be preserved when upholding the divorce decision.

The case started when the respondent-husband, a doctor, and the appellant-wife, a licensed engineer and lawyer, were married in February 2009. The pair didn't have any kids. According to Section 13(1)(a) of the Hindu Marriage Act, 1955, the husband moved for divorce in 2011 on the grounds of cruelty after marital strife.


 

 

In 2015, following a contentious trial, the Family Court issued a divorce decision and granted Rs.15 lakh in lifelong alimony. Both parties filed subsequent appeals; the husband contested the amount of alimony, while the wife attempted to overturn the divorce and obtain the restoration of their marital privileges. The Karnataka High Court rejected both petitions in November 2022, confirming the divorce and the Family Court's decision.

When the matter reached the Supreme Court, notice was issued restricted to the topic of alimony. It was required of both parties to reveal their financial situation. The woman was deemed to be well-qualified and able to support herself, despite the fact that she is currently unemployed. The husband provided evidence of a monthly salary of around 1.4 lakh rupees.

In light of these considerations, the Apex Court decided that the wife's future was not adequately secured by the Rs. 15 lakh that had been granted earlier. According to the Bench, a reasonable settlement would be Rs. 50 lakh, which would be paid in five equal installments between September 2025 and January 2026.

The Court explained that this amount would be used to settle all of the parties' claims resulting from their marriage in full and finality. The High Court's decision to uphold the divorce decree is still in effect.
The Supreme Court modified the High Court's order that only addressed the alimony issue in its decision to dismiss the appeals.


Section 13, Hindu Marriage Act - 1955  

HINDU MARRIAGE ACT, 1955