SC sets 25% of ex-husband’s net salary as benchmark for alimony: report

Supreme Court states that 25% of ex-husband’s net salary might constitute a ‘just and proper’ amount as alimony, says a report


The SC order came on a plea filed by a Hoogly-based man against a Calcutta high court order, which asked him to pay Rs23,000 to his estranged wife as an alimony. Photo: Mint
The SC order came on a plea filed by a Hoogly-based man against a Calcutta high court order, which asked him to pay Rs23,000 to his estranged wife as an alimony. Photo: Mint

New Delhi: A woman can claim 25% of the former husband’s net salary as alimony, the Supreme Court has said, setting a benchmark for maintenance paid to women by former husbands after divorce.

The Supreme Court stated that 25% of a husband’s net salary might constitute a “just and proper” amount as alimony, the Economic Times reported.

The SC order came on a plea filed by a Hoogly-based man against a Calcutta high court order, which asked him to pay Rs23,000 to his estranged wife as an alimony. The man earned Rs95,527 a month, said the report.

However, in a relief to the petitioner, a bench of the apex court reduced the alimony amount from Rs23,000 to Rs20,000, in view of the fact that the petitioner had remarried and needed to provide for his new family as well.

“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 SC bench said.

“However, since the appellant has also got married a second time and has a child from the second marriage, we think it proper to reduce the amount of maintenance of Rs23,000 to Rs20,000 per month as maintenance to his (former) wife and son,” the SC bench said.

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