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SC expounds: 25% of Husband’s Net Salary would constitute “Just and Proper” amount for Alimony

April,21,2017:

Apex Court enunciates,”The amount of permanent alimony awarded to her must be befitting status of parties and capacity of spouse to pay the maintenance”.

Supreme Court has set benchmark for the maintenance to be paid by husband to his estranged wife, stating that 25% of his net salary might constitute a “just and proper“ amount as alimony.

Supreme Court
Supreme Court

However, Apex Court reduced quantum of alimony in a particular case it was hearing to under 21%, by stating that man remarried and had to support his new family .

Supreme Court expounded that amount of maintenance or permanent alimony must be sufficient to ensure that woman lived with dignity after separating from her husband.

Apex Court Bench comprising of Justice R Banumathi and Justice M M Santanagoudar made observations while directing resident of West Bengal’s Hooghly , earning Rs 95,527 a month, to set aside Rs 20,000 as maintenance for his former wife and their son, turning down man’s plea that amount was excessive.

Supreme Court‘s order has come on man’s plea challenging Calcutta High Court‘s order directing him to pay her Rs 23,000 per month.Though Apex Court expounded that there was nothing amiss in High Court’s order, it reduced the amount by Rs 3,000 on ground of man’s remarriage.

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