Family law

A recent Supreme Court decision has enhanced permanent alimony for a divorced woman to Rs 50,000 per month, but the key question is whether this increase is retrospective. 

The court's decision does not explicitly state that the increased maintenance is to be applied retroactively to past periods.

Instead, the order appears to be prospective, taking effect from the date of the order.

 However, the court did address arrears of maintenance from a previous order, indicating a potential for some retrospective application in specific situations.

The order passed by the Court enhancing maintenance has to be perused before making any comment. 

However, generally modified, altered, amended order applies from the date of order i.e., prospectively.

Read said SC order carefully. 

Can you post title / citation of the judgement

The Supreme Court's recent decision to enhance permanent alimony to ₹50,000 per month doesn't necessarily imply a blanket rule for all cases.

This amount was determined based on the specific circumstances of the case, considering factors like the standard of living during marriage, financial capacity of the spouse, and future needs.

*Retrospective Effect:* The decision might not have a retrospective effect on all existing cases.

Each case will be evaluated on its merits, considering factors such as: - *Financial capacity of the spouse*:

The court will assess the paying spouse's income, assets, and financial obligations. -

*Standard of living during marriage*: The court will consider the lifestyle and living standards enjoyed by the couple during their marriage. -

*Future needs*: The court will evaluate the dependent spouse's future financial needs and requirements.

*Key Considerations:* - The Supreme Court emphasized that alimony should reflect the standard of living enjoyed during marriage and reasonably secure the spouse's future. -

The court also directed a 5% increase in maintenance every two years to account for inflation. -

The decision highlights the importance of considering the paying spouse's entire earning history, not just their current income. *Impact on Future Cases:* This ruling sets a precedent for future cases, emphasizing the importance of: -

*Transparent income disclosures*: Courts may demand detailed financial disclosures, including bank records, IT returns, and property ownership documents. - 

*Holistic assessment of income*: Courts will consider all declared, undeclared, and historical earnings to determine the paying spouse's financial capacity. - 

*Periodic increments*:

 Maintenance amounts may be adjusted periodically to account for inflation and changing financial circumstances.

It's not  alimony.  It's a revision in maintenance.