The Supreme Court has set the benchmark as 25% of his net salary for maintenance to be paid by a husband to his estranged wife and stated that it might be the just and proper amount as alimony.
The Supreme Court bench of Justices R Banumathi and M M Santanagoudar gave the strong observation of ‘just and proper’ while passing a judgement in a case filed by a man in West Bengal’s Hoogly regarding the amount directed to him for alimony for his wife.
The man was earning Rs 95,527 a month and asked to set aside Rs 20,000 as maintenance for his former wife and their son. The SC turned down the plea that the amount was excessive.
The court said the amount of maintenance or permanent alimony must be sufficient to ensure that a woman lived with dignity after separating from her husband.
The SC bench ordered that “Twenty-five per cent of the husband’s net salary would be just and proper to be awarded as maintenance to the (former) wife. The amount of permanent alimony awarded to her must be befitting the status of the parties and the capacity of the spouse to pay maintenance, which is always dependant on the factual situation of the case and the court would be justified in moulding the claim for maintenance passed on various factors.”