New Rule: Divorced Wife to Get ₹50,000 Monthly, Hike 5%

By Advocate Vinod Kumar | Supreme Court of India

📜 Case Background: Rakhi Sadhukhan vs. Raja Sadhukhan

A landmark judgment delivered by the Hon’ble Supreme Court on 29 May 2025 in the case of Rakhi Sadhukhan v. Raja Sadhukhan has reignited discussion around the standards of permanent alimony in Indian matrimonial law.

The couple married in 1997, separated in 2008, and their divorce was granted under the Special Marriage Act. After nearly 17 years of litigation, the wife approached the apex court seeking a just, fair, and realistic permanent alimony, arguing that ₹20,000 per month, fixed by the Calcutta High Court in 2016, was grossly inadequate to maintain her standard of living.

🏛️ Supreme Court’s Final Order: Highlights

✅ ₹50,000 per Month as Permanent Alimony

The Hon’ble Justices Vikram Nath and Sandeep Mehta ruled that the wife was entitled to ₹50,000 per month as permanent alimony, given the husband’s income, the duration of marriage, and her lack of income or remarriage.

🔁 Automatic 5% Increase Every 2 Years

In an unprecedented move, the Court also directed a 5% biennial increment in the alimony amount to adjust for inflation and cost-of-living rise — a first-of-its-kind direction in a regular matrimonial dispute.

🏠 Property Transfer Order

The Court ordered that the mortgaged marital flat be redeemed and transferred to the wife, offering her long-term residential security beyond monthly support.

⚖️ As an Advocate, Here’s What This Judgment Means for Indian Husbands

As a practicing advocate in the Supreme Court, I believe this judgment sends a strong signal: courts will no longer tolerate tokenistic or outdated alimony figures that fail to uphold the dignity of a divorced woman.

1. 💸 Alimony Will No Longer Be Nominal

Gone are the days when ₹10,000–₹20,000 per month could be deemed sufficient. Now, ₹50,000 with periodic increasessets a de facto new benchmark for long-term marriages, especially when the wife is unemployed and not remarried.

2. 📈 5% Hike Clause Sets a Precedent

The automatic increment addresses the most ignored aspect of alimony — inflation. In practical terms:

₹50,000 will become ₹55,125 after 4 years
₹63,000+ after 8 years

This shifts the financial responsibility into the future, ensuring stability for the recipient spouse. Future judgments are likely to adopt similar escalation clauses.

3. 🧾 Property Can Be Directed to Be Transferred

By directing the husband to transfer the flat, the Court prioritised residential security. This opens the door for dual reliefs — alimony + asset — instead of treating both as alternatives.

👨‍⚖️ What Should Future Husbands Keep in Mind?

Financial Transparency Is Crucial: Courts are now examining income deeply, including salary slips, liabilities, and lifestyle.
Delaying Litigation May Backfire: The longer the delay, the higher the likely burden — in this case, a 17-year delay played against the husband.
Second Marriage Doesn’t Reduce First Responsibility: The Court acknowledged the husband’s second marriage but held that it doesn’t reduce his obligation to his first wife.
Avoid Defaulting: Earlier in this case, the Supreme Court passed an ex parte interim order of ₹75,000/month due to the husband’s absence — a powerful message against avoidance tactics.

🧠 Legal Takeaway: Marital Standard of Living Is Now Central

The Court emphasized that alimony must not be a survival package. It must reflect the marital standard of living. This aligns with earlier precedents like:

Kalyan Dey Chowdhury v. Rita Dey Chowdhury (2017) 14 SCC 200
Rajnesh v. Neha (2020) 12 SCC 328

The difference now is that quantum and structure have been clarified, making future awards more uniform and inflation-adjusted.

✍️ Final Word from Advocate Vinod Kumar

This is a wake-up call — for husbands, family courts, and even matrimonial lawyers. Divorce settlements can no longer ignore the changing socio-economic realities.

As a legal counsel, my advice is to:

Settle early if possible
Seek financial caps or one-time settlements (lump sum)
Protect your rights, but prepare for a sensitive and realistic financial commitment