RAKHI SADHUKHAN versus RAJA SADHUKHAN
The Supreme Court held that the respondent-husband’s income and financial disclosures demonstrate his ability to pay a higher amount; the appellant, unmarried and living independently, is entitled to maintenance reflective of the marital standard of living and to secure her future; accordingly, permanent alimony payable to the appellant-wife was enhanced to Rs.50,000 per month, subject to a 5% increase every two years, and no further mandatory support for the adult son was directed.
- Parties
- Appellant Wife: Rakhi Sadhukhan; Respondent Husband: Raja Sadhukhan
- Jurisdiction
- India
- Judgment Date
- 29 May 2025
- Procedural Posture
- Civil Appeal (civil Appeal No. 10209 of 2024) / Appeal to the Supreme Court on Enhancement of Permanent Alimony; Final Judgment Disposing the Appeal
- Outcome
- Appeal allowed; impugned High Court order modified insofar as the quantum of permanent alimony
- Legal Topics
- Permanent Alimony, Quantum of Maintenance, Interim Maintenance, Divorce on Ground of Mental Cruelty, Irretrievable Breakdown of Marriage
Case Brief
Summary, issues, holding and outcome
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Parties
Rakhi Sadhukhan
Appellant Wife
Raja Sadhukhan
Respondent Husband
Procedural Posture
Civil Appeal (civil Appeal No. 10209 of 2024) / Appeal to the Supreme Court on Enhancement of Permanent Alimony; Final Judgment Disposing the Appeal
Legal Issues
- 1 Whether the quantum of permanent alimony fixed by the High Court ought to be enhanced
- 2 Whether any further mandatory financial support should be directed for the adult son (aged 26)
Ratio Decidendi
The Supreme Court held that the respondent-husband’s income and financial disclosures demonstrate his ability to pay a higher amount; the appellant, unmarried and living independently, is entitled to maintenance reflective of the marital standard of living and to secure her future; accordingly, permanent alimony payable to the appellant-wife was enhanced to Rs.50,000 per month, subject to a 5% increase every two years, and no further mandatory support for the adult son was directed.
Court Disposition
Appeal allowed; impugned High Court order modified insofar as the quantum of permanent alimony
Orders
- Impugned order of the High Court modified to enhance permanent alimony to Rs.50,000 per month payable to the appellant-wife
- Permanent alimony subject to an enhancement of 5% every two years
Full Case Text
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