https://timesofindia.indiatimes.com/india/SC-Alimony-not-for-mere-survival/articleshow/46831173.cms
The Supreme Court on Monday ruled that courts must direct a man to pay such alimony to his estranged wife so as to allow her to live life with dignity and not just make ends meet.
"Be it clarified that sustenance does not mean and can never allow to mean mere survival. A woman, who is constrained to leave marital home, should not be allowed to feel that she has fallen from grace and move hither and thither arranging for sustenance. As per law, she is entitled to lead a life in the similar manner as she would have lived in the house of her husband," a bench of Justices Dipak Misra and P C Pant said.
Increasing the maintenance amount from Rs 2,000 per month to Rs 4,000 to a retired Army personnel's estranged wife, the bench said at the time of quantifying maintenance under Section 125 of Criminal Procedure Code, the status of the husband has to be taken into consideration.
Writing the judgment for the bench, Justice Misra said, "As long as the wife is held entitled to grant of maintenance under Section 125, it has to be adequate so that she can live with dignity as she would have lived in her matrimonial home. She cannot be compelled to become a destitute or a beggar."
The court said the husband would have to arrange for payment of maintenance to wife even if he had no job. "Sometimes, a plea is advanced by the husband that he does not have the means to pay, for he does not have a job or his business is not doing well. These are only bald excuses and, in fact, they have no acceptability in law," the bench said.
"If the husband is healthy, able bodied and is in a position to support himself, he is under legal obligation to support his wife, for wife's right to receive maintenance under Section 125, unless disqualified, is an absolute right," it said.
Loss of matrimonial home and the cohabitation with husband are unfortunate developments for a woman, the bench said, adding "at this stage, the only comfort that the law can impose is that the husband is bound to give monetary comfort".
