The Supreme Court has held that a husband cannot avoid his obligation to maintain his ex-wife on the basis that she is educated or receives support from her parents. The Court stressed that marriage is founded on emotional bonds, companionship and mutual support, and that a woman’s right to live with dignity post-divorce must be protected — especially when the standard of living during marriage is considered.
In the case before it, the wife challenged an order that awarded her ₹15,000 per month in maintenance, arguing this was inadequate given the husband’s income of around ₹1.6 lakh per month. She also pointed out that she was unable to maintain herself despite being educated and having some parental support.
The husband countered that her education and family support made her capable of self-support and cited financial liabilities arising from his second marriage. The Supreme Court rejected these arguments, noting that such factors alone do not absolve a husband of his duty to ensure the ex-wife’s dignified living post-divorce. It also took into account rising cost of living and inflation, concluding that the previous maintenance award was insufficient.
Referring to earlier precedent, the Court reiterated that education and apparent earning potential are not decisive; what matters is the actual need and the husband’s ability to pay. On that basis, it enhanced the permanent alimony from ₹15,000 to ₹30,000 per month.
Key principle: A divorced wife’s entitlement to maintenance depends on her right to a dignified standard of living and the husband’s capacity to pay, not simply on her education or family support.
