The Supreme Court in its latest ruling has set 25% of the net salary as the maintenance to be paid by a husband to his estranged wife.
• Body : Supreme Court of India • Established: January 28, 1950 • No. of positions: Sanctioned strength= 31(30+1), Actual present strength= 28(27+1) • Chief justice: Jagdish Singh Khehar
The Court has observed that the alimony paid to a woman must be “just and proper” and must be sufficient enough to ensure that a woman lived with dignity after separating from her husband.
It has further observed that the alimony must be befitting the status of the parties and the capacity of the spouse to pay maintenance.
The ruling has come on a man’s plea challenging Calcutta High Court’s order that asked him to pay Rs 23,000 every month as alimony to his former wife. But the Bench of justices R Banumathi and MM Santanagoudar turned down his plea that the amount was excessive.
The present ruling delivered by the Supreme Court follows its inclination to safeguard the interest of women in matrimonial disputes affecting their financial status.
In an earlier judgment delivered in 2016, the apex court had observed that as per Hindu Law, the husband has got a personal obligation to maintain his wife whether or not he possessed any property.
In case if he possessed of properties, then his wife will be entitled to a right to be maintained out of such properties.
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