Supreme Court frowns upon demands for maintenance to attain wealth parity with estranged spouse

The Supreme Court on Thursday flagged a recurring trend in alimony and maintenance claims where parties seek to equalise their wealth with that of their estranged spouse. [Rinku Baheti v Sandesh Sharda].A Bench of Justice BV Nagarathna and Pankaj Mithal noted that such demands are often made only when the spouse is financially well-off and conspicuously absent when the spouse's financial standing has deteriorated and is lesser than that of the person making such demand. ."We have serious reservations with the tendency of parties seeking maintenance or alimony as an equalisation of wealth with the other party. It is often seen that parties in their application for maintenance or alimony highlight the assets, status and income of their spouse, and then ask for an amount that can equal their wealth to that of the spouse. However, there is an inconsistency in this practice, because the demands of equalisation are made only in cases where the spouse is a person of means or is doing well for himself. But such demands are conspicuously absent in cases where the wealth of the spouse has decreased since the time of separation," the Court stated..The Court was hearing a plea by a woman for transfer of a divorce case initiated by her husband from Bhopal to Pune, citing logistical challenges.The Court's observation was made in response to the petitioner's argument before the family court that the respondent had given his first wife 50% of his net worth - approximately ₹500 crore - along with a house in the USA after their divorce.Another question for consideration before the Court was also whether it could, upon the application filed by the respondent-husband, exercise its powers under Article 142(1) of the Constitution of India to grant a decree of divorce to the parties on the ground of irretrievable breakdown of marriage. .The Court emphasised that while the judiciary exercises extreme caution in granting divorces on grounds of irretrievable breakdown, the circumstances in this case justified such an order.It noted the brief cohabitation period of the couple, the lack of mutual affection and respect in their relationship, and the extensive litigation between the parties, including criminal complaints, which led to a complete collapse of trust..Considering the respondent’s financial status and the petitioner’s claims, the Court awarded the woman a lump-sum alimony of ₹12 crore. This decision was based on the petitioner’s need for financial security and the respondent’s substantial net worth..[Read Judgment]