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2011 (5) Supreme 74
SUPREME COURT OF INDIA
P. Sathasivam and Dr. B.S. Chauhan, JJ.
Vinny Parmvir Parmar — Appellant(s)
versus
Parmvir Parmar — Respondent(s)
Civil Appeal Nos. 5831-5833 of 2011
(Arising out of SLP (C) Nos. 20518-20520 of 2009
Decided on 20-7-2011
Permanent Alimony-Determination of-While considering the claim for permanent alimony and maintenance of either spouse, the respondent’s own income and other property, and the income and other property of the applicant are all relevant material in addition to the conduct of the parties and other circumstances of the case- Court considering such claim has to consider all the above relevant materials and determine the amount which is to be just for living standard-No fixed formula can be laid for fixing the amount of maintenance- It has to be in the nature of things which depend on various facts and circumstances of each case- The court has to consider the status of the parties, their respective needs, the capacity of the husband to pay, having regard to reasonable expenses for his own maintenance and others whom he is obliged to maintain under the law and statute-The courts also have to take note of the fact that the amount of maintenance fixed for the wife should be such as she can live in reasonable comfort considering her status and mode of life she was used to live when she lived with her husband- At the same time, the amount so fixed cannot be excessive or affect the living condition of the other party (Para 12)
Facts of the Case :
Marriage between the parties was dissolwed herein in the instant case by mutual consent. An Order was passed by High Court confirming the order passed by Family Court fixing the amount of permanent alimony at Rs. 20,000/- per Month.
2. Present Appeals have been filed for enhancement of maintenance.
Findings of the Court :
In the light of the details furnished by both parties, held that the amount of Rs. 1,40,000/- determined as net monthly income of the respondent-husband was not acceptable. Equally, direction for payment of maintenance at the rate of Rs. 20,000/- per month to appellant-wife was also inadequate. Status of the appellant before her marriage is also one of the relevant factors for determining the amount of Maintenance. No dispute that before her marriage with respondent, she was working as an Air Hostess in Cathay Pacific Airlines and after marriage she resigned from said post. Considering the conditions prescribed in Section 25 of the Act relating to claim of permanent alimony/maintenance and the fact that the appellant was not permanently employed as on date and residing with her sister at Mumbai, taking note of the respondent’s income from salary as Sr. Commander in Air India, other properties standing in his name, age being 42 years, future employment prospects and also considering the fact that the respondent re-married, having a child and also to look after his parents, held that ends of justice would be met by fixing maintenance at the rate of Rs.40,000/- per month instead of Rs.20,000/- per month as fixed by the Family Court and affirmed by High Court. Appeals allowed to said extent
JUDGMENT
P. Sathasivam, J. —
1) Leave granted.
2) These appeals are filed against the final order dated 24.04.2009 passed by the High Court of Bombay in Family Court Appeal Nos. 110 of 2004 and 127 of 2004 and the order dated 17.07.2009 in Review Petition Stamp No. 15671 of 2009 whereby the appellant’s appeal was dismissed in entirety and the petition filed by the respondent in Family Court for divorce on ground of cruelty was converted into divorce by mutual consent and the marriage was dissolved by a decree under Section 13-B of the Hindu Marriage Act, 1955 (hereinafter referred to as “the Act”).
3) Since the parties have dissolved their marriage by consent and a fresh decree of divorce by consent has been directed, the other question adjudicated before the High Court was about the amount of maintenance/permanent alimony in terms of Section 25 of the Act. By the impugned order, the High Court confirmed the order passed by the Family Court fixing the amount of permanent alimony at Rs. 20,000/- per month. While disposing of the appeals, as an alternative measure, the High Court also fixed the amount of permanent alimony at Rs. 20 lakhs in lump sum to be paid by the husband to his wife within a period of 3 months from the date of the order. Being not satisfied with the maintenance fixed at Rs. 20,000/- per month, the appellant-wife filed these appeals for enhancement by pointing out her difficulties and the income of the respondent.
4) Heard Mr. Nidish Gupta, learned senior counsel for the appellant-wife and Ms. Indu Malhotra, learned senior counsel for the respondent-husband.
5) The only point for consideration in these appeals is what would be the reasonable amount the appellant-wife is entitled by way of maintenance from the husband in terms of Section 25 of the Act.
6) Considering the fact that after the marriage the appellant herein resigned from the post of Air Hostess in Cathay Pacific Airlines and after dispute between them she was not employed and getting regular income, she was staying with her sister at Mumbai and also taking note of the financial status of the husband, namely, his salary as a Sr. Commander in Air India and rental income from his properties, the Family Court fixed maintenance at Rs. 20,000/- per month which was affirmed by the High Court. While arriving at such amount, the Family Court has determined the income of the husband as Rs. 1,40,000/- per month.
Discussion:
7) Mr. Nidish Gupta, learned senior counsel for the appellant, by drawing our attention to various factual details placed before the Family Court, High Court and in this Court, submitted that from the salary slips it is seen that even after income tax deductions the respondent’s income from salary and allowances alone for the period 01.04.2009 to 31.03.2010 was Rs. 83,19,031/-. In support of the above claim, the appellant has produced TDS certificate issued by his employer/the Income-Tax Department. According to him, apart from the above salary income, the respondent has rental income between Rs. 7,20,000 and Rs. 10,80,000 from his properties. He further highlighted that in addition to the salary and the rental income, the respondent has huge bank deposits, investment in shares and mutual funds. He also highlighted that the respondent being 42 years of age and a Sr. Commander in Air India has a promising career with bright chances of further promotions. With these facts and figures, Mr. Nidish Gupta prayed for intervention of this Court by fixing reasonable amount towards maintenance and welfare of the appellant.
8) In reply to the same, Ms Indu Malhotra, learned senior counsel for the respondent-husband submitted that the figures furnished by the appellant before the courts below as well as in this Court are exaggerated. In any event, according to her, the income shown above includes allowance and other benefits which cannot be construed as actual salary or income as claimed. She also pointed out that apart from the salary from Air Ind
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