SC: Can't seek alimony as means to equalise wealth

A Hindu marriage is a sacrament and not a commercial venture, the Supreme Court held on Thursday, highlighting concerns over the misuse of penal laws in matrimonial disputes and clarifying that alimony cannot be sought as a means to equalise wealth between spouses, even if the husband has achieved financial success post-separation.

- Utkarsh Anand

In a comprehensive judgment, a bench of justices BV Nagarathna and Pankaj Mithal laid down key principles concerning the misuse of penal laws and the determination of alimony, as it dissolved a marriage on the grounds of irretrievable breakdown. "A Hindu marriage is a sacrament and is considered to be a sacred institution as a foundation for a family, and not a commercial venture," declared the judgment authored by justice Nagarathna. It underscored the spiritual and traditional nature of Hindu marriages, stressing that they are intended to form the bedrock of family life and societal harmony rather than serving as platforms for monetary or material disputes.

The judgment arose from a marital dispute between a couple married in July 2021. The husband, a US-based IT consultant, sought a divorce citing irretrievable breakdown of marriage. The wife opposed the divorce and demanded alimony equal to the settlement amount received by the husband's first wife - at least ₹500 crore.

On Thursday, the court dissolved the union and directed the husband to pay ₹12 crore as permanent alimony to the wife.