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S. V. N. BHATTI, R. MAHADEVAN
Anamika Jain – Appellant
Versus
Atul Jain – Respondent
Key Points: - The judgment enhances permanent alimony from Rs. 15,000 to Rs. 30,000 per month, considering standard of living and husband’s means (!) (!) . - The enhanced alimony is payable from 05.02.2026 by 5th of every succeeding month, with arrears from July 2021 to January 2026 to be paid in lump sum or in instalments over four years; instalments must include at least one-third of arrears in quarterly instalments (!) . - The case reinforces that a wife’s post-divorce maintenance aims to enable living with dignity and is not negated by the wife’s education or parental support; husband’s obligation persists to maintain a dignified life (!) . - The Family Court’s award of Rs. 15,000/month was found inadequate; High Court affirmed but this Court enhanced it to Rs. 30,000/month (!) (!) . - The record shows the respondent has substantial earning capacity and financial means to pay more than Rs. 15,000/month; the Court considered inflation and cost of living (!) . - The Court referred to Bhuwan Mohan Singh v. Meena and others and Rajnesh v. Neha in guiding maintenance principles and ongoing obligation (!) (!) . - The appeal was allowed; there shall be no order as to costs (!) . - The dispute concerns only the quantum, not the divorce decree itself; the divorce stood, with maintenance being the contested issue (!) .
ORDER :
Leave granted.
1. The present appeal has been filed by the appellant – wife, aggrieved by the judgment dated 29.08.2018 passed by the High Court of Judicature at Madhya Pradesh, Principal Seat at Jabalpur1[Hereinafter referred to as “the High Court”], in First Appeal No. 156 of 2016, whereby the High Court dismissed the appeal filed by the appellant – wife against the judgment dated 30.11.2015 passed by the First Additional Principal Judge, Family Court, Bhopal2[Hereinafter referred to as “the Family Court”] in Civil Suit No. 985-A/2012 insofar as it related to the grant of permanent alimony of Rs.15,000/- per month.
2. The record of proceedings discloses that the matter was initially referred to the Mediation Centre attached to the Principal Bench of the Madhya Pradesh High Court at Jabalpur. However, the mediation ended in failure. Thereafter, the parties pursued their respective remedies before this Court.
3. We have heard the learned counsel appearing on behalf of the appellant –wife as well as the learned counsel appearing on behalf of the respondent –husband.
4. The undisputed facts are that the marriage between the parties was solemnized on 13.11.1994 according to Hindu r
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The court increased permanent alimony and maintenance amounts to reflect the financial capacity of the husband and the needs of the daughters, emphasizing the importance of adequate support post-divo....
Quantum of permanent alimony – Wife is entitled to a level of maintenance that is reflective of standard of living she enjoyed during marriage and which reasonably secures her future.
The court emphasized the necessity of considering financial status and reasonable needs when determining permanent alimony, referencing established criteria from prior judgments.
A wife can seek enhancement of maintenance under Section 25(2) of the Hindu Marriage Act based on changed circumstances, despite prior agreements.
Interim maintenance – Sustenance of a woman does not and cannot mean mere survival – A woman, who is constrained to leave matrimonial house should not be allowed to feel that she has fallen from grac....
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