Supreme Court’s 2025 Guidelines on Permanent Alimony: What Separating Spouses Need to Know
Supreme Court’s 2025 Guidelines on Permanent Alimony: What Separating Spouses Need to Know
1. What Did the Supreme Court Rule in 2025?
On May 29, 2025, the Supreme Court delivered a landmark ruling in Rakhi Sadhukhan v. Raja Sadhukhan. The Court increased the permanent alimony amount from ₹20,000 to ₹50,000 per month, with a 5% increase every two years. This aims to adjust for inflation and preserve the recipient’s standard of living.
The Court also ordered the transfer of ownership of the matrimonial home to the ex-wife and instructed the husband to clear any outstanding loan on the property.
2. Broader Legal Principles Established
In a separate ruling in February 2025, the Court clarified that permanent alimony or interim maintenance can be awarded even in marriages declared void under Section 11 of the Hindu Marriage Act, 1955. This is because Section 25 of the Act empowers courts to grant such relief whenever any decree is passed—regardless of the marriage’s validity.
Building on a 2024 judgment, the Court reiterated eight guiding factors that courts should consider when calculating alimony:
- Conduct of the parties (e.g., cruelty, desertion, infidelity)
- Duration of the marriage
- Efforts by the dependent spouse to secure employment
- Responsibility towards children, even without custody
- Previous settlements or dowry received
- Delays in seeking maintenance
- Post-separation investments and lifestyle
- Mutual consent or any waiver agreements
These factors are considered guidelines—not hard rules. Courts retain discretion to evaluate each case on its individual merits.
3. Trends and Takeaways for Spouses
- Adjustments for Inflation: The ₹50,000 monthly amount with biennial increases reflects a shift toward long-term financial security.
- Holistic Assessment: Alimony is no longer seen in isolation—factors such as lifestyle, needs, and conduct during the marriage all matter.
- Void Marriages Not a Barrier: The Court emphasized that relief under Section 25 applies even when the marriage is declared void.
- Property Rights Matter: Ownership of matrimonial homes may now be part of alimony judgments to ensure fair settlement.
4. Summary Table: Supreme Court’s Key 2025 Pronouncements
| Issue | Supreme Court’s Direction |
|---|---|
| Permanent Alimony Amount | Increased from ₹20,000 to ₹50,000 per month |
| Escalation Rate | 5% increase every two years |
| Property Transfer | Ex-husband must clear the loan and transfer home to ex-wife |
| Applicability | Even in void marriages under Section 11, relief allowed under Section 25 |
| Calculation Criteria | Eight guiding factors + court discretion on other aspects |
5. Next Steps if You’re Considering Filing or Revising an Alimony Claim
If you’re going through a separation or divorce, these new guidelines may significantly impact your case. Whether you are the one paying or seeking alimony, understanding your legal rights and obligations is essential.
For expert legal advice and representation, contact:
Advocate Shailesh Joshi – Experienced in Family and Matrimonial Law
With over 20 years of practice in family law, Adv. Joshi offers clear, strategic, and compassionate guidance through all stages of matrimonial disputes, including permanent alimony and property division.
Contact Adv. Joshi today to discuss your case and safeguard your rights.