In a closely watched family law appeal, the Supreme Court stepped in to correct what it called an inadequate maintenance award and doubled a divorced woman’s permanent alimony to ₹30,000 a month. The Bench said maintenance is not about “mere survival” but about living with dignity after a marriage ends.
Background of the Case
The dispute began years after Anamika Jain and Dr. Atul Jain, married in 1994, started living separately in 2011. Their marriage produced a son in 1997. The husband later sought divorce under the Hindu Marriage Act. The Family Court granted the divorce and fixed permanent alimony at ₹15,000 per month, along with a one-time payment of ₹50,000.
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Unhappy with the amount, the wife appealed. The Madhya Pradesh High Court refused to interfere and kept the figure unchanged. She then moved the Supreme Court, limiting her challenge only to the amount of alimony, not the divorce itself.
The wife told the Court that her former husband is a doctor who earns around ₹1.6 lakh a month and also has private practice and rental income. She argued that ₹15,000 does not reflect today’s cost of living and does not match the standard she had during the marriage.
“He has the means,” her side stressed, “and the amount needs a realistic look.”
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The husband’s counsel countered that the wife is well-educated and capable of supporting herself. He said he was already paying the ordered amount and also meeting their son’s expenses. He added that his second marriage had failed and claimed he could not afford a higher figure.
Court’s Observations
After hearing both sides and examining the pay records, the Bench Justice S.V.N. Bhatti and Justice R. Mahadevan made a broader point about maintenance. It observed that marriage in India is built on companionship and mutual support, and when it breaks down, the duty to ensure the wife’s dignified life does not simply disappear.
Quoting earlier rulings, the Court noted that maintenance is meant to prevent a woman from being pushed into hardship.
“Sustenance does not mean mere survival,” the judges reminded, adding that education or family support cannot be used as an excuse to deny fair support. The Bench also took note of rising living costs and inflation over the past decade.
During the hearing, the judges explored a practical solution and asked both sides to take instructions on raising the amount to ₹30,000 per month. After a brief pause, lawyers for both parties told the Court they were agreeable to this figure. The Bench recorded this consensus and moved to formalise it.
Decision
Allowing the appeal, the Supreme Court enhanced the permanent alimony from ₹15,000 to ₹30,000 per month. The increased amount will be payable from 2 July 2021, the date when the special leave petition was filed. The Court also worked out the arrears for the period up to January 2026 and directed that the outstanding sum be cleared either in one go or in instalments over four years, with a clear payment schedule.
“The amount earlier fixed is inadequate,” the Bench said in effect, modifying the Family Court and High Court orders to this extent and bringing the long-running dispute to a close.
Case Title:- Anamika Jain vs Dr. Atul Jain
Case Number:- Civil Appeal arising out of SLP (C) No. 5220 of 2024
