RAKHI SADHUKHAN v. RAJA SADHUKHAN
Discusses factors considered in determining alimony and maintenance, applicable in family law contexts.
Court: Supreme Court of India
Citation: 2025 INSC 789
Decision Date: 29-05-2025
List of Laws
Special Marriage Act, 1954; Hindu Marriage Act, 1955; Code of Criminal Procedure, 1973; General Principles of Law
- Special Marriage Act, 1954: Section 27 is mentioned, concerning the respondent-husband filing a suit seeking dissolution of marriage on the ground of cruelty allegedly inflicted by the appellant-wife. The Trial Court initially dismissed this suit. The High Court later allowed the respondent's appeal and granted a decree of divorce on the ground of mental cruelty and irretrievable breakdown of marriage.
- Hindu Marriage Act, 1955: Section 24 is mentioned, concerning the appellant-wife filing a case seeking interim maintenance for herself and the minor son.
- Code of Criminal Procedure, 1973: Section 125 is mentioned, concerning the appellant-wife instituting a case. The Trial Court directed the respondent-husband to pay maintenance to the appellant-wife and the minor son, along with litigation costs.
- General Principles of Law: The judgment discusses the principle of determining permanent alimony, considering the standard of living during the marriage, the husband's income, financial disclosures, and the inflationary cost of living. The court revised the alimony amount fixed by the High Court, increasing it to ensure financial stability for the appellant-wife. The judgment also clarifies that the son's right to inheritance remains unaffected.
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