Supreme Court Raises Permanent Alimony to ₹50,000 + Home Transfer – What It Means for You

In a landmark ruling on May 29, 2025, the Supreme Court of India significantly revised permanent alimony in the case of Rakhi Sadhukhan vs. Raja Sadhukhan:

• Ordered ₹50,000/month permanent alimony

• 5% increase every 2 years (indexed to inflation)

• Mandated transfer of the marital home to the ex-wife

At Prime 8 Legal, we break down the implications for spouses in Delhi NCR, Gurgaon, India.

CASE OVERVIEW

• The couple married in 1997, separated in 2007, and divorced in 2019

• Initially awarded ₹8,000 interim maintenance (2010), later ₹20,000 (2016)

• SC granted ₹75,000 interim increase (2023) due to ex‑parte order

• Final ruling: ₹50,000 permanent alimony, biennial escalator clause, and house transfer

WHY THIS RULING MATTERS

1. Standard of Living PreservationAlimony must match the lifestyle during marriage—cushioned against inflation.

2. Holistic Income ConsiderationCourts now factor in current, past, declared, and hidden income sources—remarriage or parental obligations won't reduce the obligation.

3. Automatic Inflation AdjustmentThe 5% increase every two years prevents stagnation in maintenance value.

4. Property as Financial SecurityTransfer of the house—plus clearing housing loan—gives long-term stability.

   
   
   
   

Impact for Clients in Delhi NCR & Gurgaon

• Lawyers should now request benchmarked alimony reflecting marital standard of living.

• Biennial hikes can now be proactively added to settlement drafts.

• Property awards can reduce future enforcement issues.

• Holistic income discovery (bank records, salaries, assets) is now essential evidence.

• NRI and international cases benefit from stronger enforcement tools under this ruling.

PRIME8 LEGAL Can Assist With

• Drafting & enforcing alimony and property transfer petitions

• Presenting holistic income disclosures and asset valuation

• Structuring agreements with automatic biennial hikes

• Cross-border alimony enforcement for clients in USA, UK, and beyond

CONTACT US

FREQUENTLY ASKED QUESTIONS

Q1: Can alimony be increased after divorce in India?

Yes. SC can revise permanent alimony if the previous amount doesn’t match the standard of living or income capacity.

Q2: Is property transfer a part of alimony?

Yes. Courts can order transfer of the marital home and require clearing of loan dues.

Q3: Does inflation get considered in alimony?

Yes. The SC has mandated a 5% increase every two years to compensate for inflation.