Supreme Court enhances alimony to ₹50 lakh in divorce case between former AAG and judge

The Supreme Court recently upheld the grant of divorce to a family court judge while enhancing the permanent alimony payable by him to his wife, who used to be an Additional Advocate General (AAG), from ₹30 lakhs to ₹50 lakhs.

A Bench of Justices Vikram Nath and Sandeep Mehta upheld the divorce granted by the Punjab and Haryana High Court but found the alimony amount insufficient for the wife's survival.

"The sum of Rs.30,00,000/- (Rupees Thirty Lakhs only) awarded by the High Court is enhanced to Rs.50,00,000/- (Rupees Fifty Lakhs only) , which shall be paid by the respondenthusband to the appellant-wife within a period of three months from the date of this judgment," it ordered.

The Court also noted that the marriage had been emotionally dead for more than a decade, and that ending the matrimonial tie was in the best interest of both spouses and their 17-year-old daughter.

The couple had married in December 2008. At that time, the husband was undergoing judicial training in Chandigarh, and the wife was serving as an Additional Advocate General. A daughter was born in November 2009.

Relations deteriorated and the spouses began living separately in 2012. The husband eventually filed for divorce in 2018 on the ground of cruelty. At the time of filing this plea, the husband was posted as a family court judge and the wife was no longer practicing as an advocate.

The divorce plea was initially withdrawn, but later refiled. The present divorce proceedings were initiated in Mohali in October 2019.

The family court in April 2023 dismissed the plea, holding that cruelty by the wife was not proven. It held that, in fact, it was the husband who had subjected the wife to ill-treatment. The husband appealed this verdict before the High Court.

The High Court overturned the family court decision in August 2024. It concluded that the marriage had collapsed beyond repair and granted a decree of divorce. The High Court also directed the husband to pay ₹30 lakhs to the wife as permanent alimony and issued a series of safeguards for the daughter, including a requirement that ₹41 lakh from an LIC policy be deposited in her name, payment of ₹30,000 per month for her expenses, and a direction that she could not be disinherited.

The wife then approached the Supreme Court seeking the enhancement of alimony.

The top court agreed with the High Court that reconciliation was impossible given the 13 years of separation and the complete breakdown of trust. It noted that persistence of an empty marriage would only harm the dignity of both spouses and affect the emotional stability of their daughter.

The Bench recorded that even after interaction with both parties, it was clear that no meaningful relationship existed between them.

The Court emphasised that since the husband is a serving judicial officer, he bears a greater responsibility to ensure his wife and child are financially secure. After considering his income, status, and future prospects, as well as the wife’s present financial condition, the Court held that the alimony needed to be raised to ensure dignity and independence.

The Court explained why the amount required an upward revision. It stressed that the wife is entitled to maintain a lifestyle reasonably comparable to her life during the marriage, and that the daughter is now on the threshold of adulthood, requiring stability and continued support.

The Bench then enhanced the alimony from ₹30 lakh to ₹50 lakh and directed payment within three months.

In doing so, the Court marked the payment of ₹50 lakh as a “full and final settlement of all financial claims” arising from the marriage. All pending criminal and civil proceedings between the parties were ordered to be closed.

The Court also clarified that the rest of the High Court’s directions, relating to the daughter’s financial protection and marriage expenses, would remain untouched.

[Read Judgement]