Full Judgment Text
2025 INSC 994
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS………………………… OF 2025
(@ ARISING OUT OF SLP (CIVIL) NOS.2249-
2250/2023)
M.V. LEELAVATHI …APPELLANT
VERSUS
DR. C. R. SWAMY @
DR. C.R. KUMARA SWAMY …RESPONDENT
J U D G M E N T
VIKRAM NATH, J.
1. Leave granted.
2. These appeals arise from the common order
dated 18.11.2022 passed by the High Court of
Karnataka at Bengaluru in M.F.A.
No.3747/2015 (FC) and M.F.A. No.2483/2022
(FC). The appellant-wife is before this Court as
the High Court has upheld the decree of divorce
granted by the Family Court and confirmed the
Signature Not Verified
Digitally signed by
NEETU KHAJURIA
Date: 2025.08.18
18:45:53 IST
Reason:
SLP (CIVIL) NOS.2249-2250/2023 1
amount of Rs.15,00,000/- awarded as
permanent alimony.
3. The brief facts giving rise to the appeals are as
follows:
3.1. The appellant-wife and the respondent-husband
were married on 27.02.2009. The respondent
pursued higher studies in Chandigarh, where
the appellant joined him in December 2009 and
stayed until July 2010. The appellant claims to
have financially supported the respondent
during this period. The marriage is childless.
3.2. On 15.06.2011, the respondent filed a petition
under Section 13(1)(a) of the Hindu Marriage
1
Act, 1955 seeking dissolution of marriage on
the ground of mental cruelty.
3.3. The appellant filed objections to the petition
along with a counterclaim under Section
23(1)(a) of the HMA seeking restitution of
conjugal rights.
3.4. In 2014, the appellant moved I.A. No.3 under
Section 24 HMA seeking maintenance. The
Family Court, by order dated 02.08.2013,
awarded her Rs.10,000/- per month.
Dissatisfied, she filed Writ Petition
No.46786/2013, whereupon the High Court, by
1
HMA.
SLP (CIVIL) NOS.2249-2250/2023 2
order dated 12.09.2014, enhanced the amount
to Rs.25,000/- per month.
3.5. By order dated 25.04.2015, the Family Court
granted a decree of divorce and awarded
Rs.15,00,000/- as permanent alimony.
3.6. Aggrieved, the appellant filed M.F.A.
No.3747/2015 to set aside the divorce decree,
and M.F.A. No.2483/2022 against dismissal of
her counterclaim. The respondent filed M.F.A.
No.5015/2015 challenging the quantum of
alimony.
3.7. By the impugned order, the High Court
dismissed all three appeals. It upheld the grant
of divorce on the ground of cruelty, noting that
while the wife expressed willingness to resume
marital life, the husband was unwilling. The
Court observed that the husband, a doctor by
profession, and the wife, a qualified engineer
now practising as an advocate, were both
capable individuals, and held that the
Rs.15,00,000/- awarded as alimony by the
Family Court was appropriate.
3.8. The appellant-wife has preferred the present
appeals.
4. We have heard learned counsel for the parties.
5. Notice in these appeals was issued only on the
question of alimony.
SLP (CIVIL) NOS.2249-2250/2023 3
6. The Family Court awarded Rs.15,00,000/- as
permanent alimony, which the High Court
upheld. We directed both parties to file affidavits
disclosing their income and liabilities to enable
assessment of all relevant factors.
7. The respondent is a doctor earning
approximately Rs.1,40,000/- per month from
his employment. The appellant holds an M.Tech
(Computer Science) and an LL.B. degree. She
claims to be presently unemployed.
8. The respondent has produced his Income Tax
Returns reflecting a taxable income of around
Rs.1.4 lakhs per month, along with his bank
statements. The appellant asserts that in the
year 2010, the respondent purchased property
in his own name.
9. Determination of alimony requires
consideration of multiple factors. It is evident
from the material on record that the respondent
has the capacity to pay a higher amount than
that awarded by the Family Court. At the same
time, although the appellant claims to be
unemployed, she is highly qualified and has the
ability to earn and sustain herself. She is not in
SLP (CIVIL) NOS.2249-2250/2023 4
a state of acute economic deprivation. A
balanced approach, weighing the respondent’s
capacity and the appellant’s needs, must
therefore be adopted.
10. Having considered the submissions and the
evidence on record, we find it just and equitable
to enhance the permanent alimony to
Rs.50,00,000/- as a one-time settlement. This
amount will reasonably secure the appellant’s
future and ensure a standard of living
commensurate with her circumstances.
11. The amount of Rs.50,00,000/- shall be paid in
five equal monthly instalments as follows:
• First instalment of Rs.10,00,000/- on or before
30.09.2025
• Second instalment of Rs.10,00,000/- on or
before 31.10.2025
• Third instalment of Rs.10,00,000/- on or before
30.11.2025
• Fourth instalment of Rs.10,00,000/- on or
before 31.12.2025
• Fifth instalment of Rs.10,00,000/- on or before
31.01.2026
SLP (CIVIL) NOS.2249-2250/2023 5
12. The appellant shall furnish her bank account
details to the respondent for the above
payments.
13. In view of the above, the appeals are partly
allowed. While affirming the decree of divorce,
we modify the High Court’s order to the extent
that the permanent alimony payable to the
appellant-wife shall be Rs.50,00,000/- as a one-
time settlement. All claims arising from the
marriage and the present litigation shall stand
fully and finally settled.
14. Pending application(s), if any, shall stand
disposed of.
……………………………….J.
[VIKRAM NATH]
……………………………….J.
[SANDEEP MEHTA]
NEW DELHI
AUGUST 18, 2025
SLP (CIVIL) NOS.2249-2250/2023 6
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS………………………… OF 2025
(@ ARISING OUT OF SLP (CIVIL) NOS.2249-
2250/2023)
M.V. LEELAVATHI …APPELLANT
VERSUS
DR. C. R. SWAMY @
DR. C.R. KUMARA SWAMY …RESPONDENT
J U D G M E N T
VIKRAM NATH, J.
1. Leave granted.
2. These appeals arise from the common order
dated 18.11.2022 passed by the High Court of
Karnataka at Bengaluru in M.F.A.
No.3747/2015 (FC) and M.F.A. No.2483/2022
(FC). The appellant-wife is before this Court as
the High Court has upheld the decree of divorce
granted by the Family Court and confirmed the
Signature Not Verified
Digitally signed by
NEETU KHAJURIA
Date: 2025.08.18
18:45:53 IST
Reason:
SLP (CIVIL) NOS.2249-2250/2023 1
amount of Rs.15,00,000/- awarded as
permanent alimony.
3. The brief facts giving rise to the appeals are as
follows:
3.1. The appellant-wife and the respondent-husband
were married on 27.02.2009. The respondent
pursued higher studies in Chandigarh, where
the appellant joined him in December 2009 and
stayed until July 2010. The appellant claims to
have financially supported the respondent
during this period. The marriage is childless.
3.2. On 15.06.2011, the respondent filed a petition
under Section 13(1)(a) of the Hindu Marriage
1
Act, 1955 seeking dissolution of marriage on
the ground of mental cruelty.
3.3. The appellant filed objections to the petition
along with a counterclaim under Section
23(1)(a) of the HMA seeking restitution of
conjugal rights.
3.4. In 2014, the appellant moved I.A. No.3 under
Section 24 HMA seeking maintenance. The
Family Court, by order dated 02.08.2013,
awarded her Rs.10,000/- per month.
Dissatisfied, she filed Writ Petition
No.46786/2013, whereupon the High Court, by
1
HMA.
SLP (CIVIL) NOS.2249-2250/2023 2
order dated 12.09.2014, enhanced the amount
to Rs.25,000/- per month.
3.5. By order dated 25.04.2015, the Family Court
granted a decree of divorce and awarded
Rs.15,00,000/- as permanent alimony.
3.6. Aggrieved, the appellant filed M.F.A.
No.3747/2015 to set aside the divorce decree,
and M.F.A. No.2483/2022 against dismissal of
her counterclaim. The respondent filed M.F.A.
No.5015/2015 challenging the quantum of
alimony.
3.7. By the impugned order, the High Court
dismissed all three appeals. It upheld the grant
of divorce on the ground of cruelty, noting that
while the wife expressed willingness to resume
marital life, the husband was unwilling. The
Court observed that the husband, a doctor by
profession, and the wife, a qualified engineer
now practising as an advocate, were both
capable individuals, and held that the
Rs.15,00,000/- awarded as alimony by the
Family Court was appropriate.
3.8. The appellant-wife has preferred the present
appeals.
4. We have heard learned counsel for the parties.
5. Notice in these appeals was issued only on the
question of alimony.
SLP (CIVIL) NOS.2249-2250/2023 3
6. The Family Court awarded Rs.15,00,000/- as
permanent alimony, which the High Court
upheld. We directed both parties to file affidavits
disclosing their income and liabilities to enable
assessment of all relevant factors.
7. The respondent is a doctor earning
approximately Rs.1,40,000/- per month from
his employment. The appellant holds an M.Tech
(Computer Science) and an LL.B. degree. She
claims to be presently unemployed.
8. The respondent has produced his Income Tax
Returns reflecting a taxable income of around
Rs.1.4 lakhs per month, along with his bank
statements. The appellant asserts that in the
year 2010, the respondent purchased property
in his own name.
9. Determination of alimony requires
consideration of multiple factors. It is evident
from the material on record that the respondent
has the capacity to pay a higher amount than
that awarded by the Family Court. At the same
time, although the appellant claims to be
unemployed, she is highly qualified and has the
ability to earn and sustain herself. She is not in
SLP (CIVIL) NOS.2249-2250/2023 4
a state of acute economic deprivation. A
balanced approach, weighing the respondent’s
capacity and the appellant’s needs, must
therefore be adopted.
10. Having considered the submissions and the
evidence on record, we find it just and equitable
to enhance the permanent alimony to
Rs.50,00,000/- as a one-time settlement. This
amount will reasonably secure the appellant’s
future and ensure a standard of living
commensurate with her circumstances.
11. The amount of Rs.50,00,000/- shall be paid in
five equal monthly instalments as follows:
• First instalment of Rs.10,00,000/- on or before
30.09.2025
• Second instalment of Rs.10,00,000/- on or
before 31.10.2025
• Third instalment of Rs.10,00,000/- on or before
30.11.2025
• Fourth instalment of Rs.10,00,000/- on or
before 31.12.2025
• Fifth instalment of Rs.10,00,000/- on or before
31.01.2026
SLP (CIVIL) NOS.2249-2250/2023 5
12. The appellant shall furnish her bank account
details to the respondent for the above
payments.
13. In view of the above, the appeals are partly
allowed. While affirming the decree of divorce,
we modify the High Court’s order to the extent
that the permanent alimony payable to the
appellant-wife shall be Rs.50,00,000/- as a one-
time settlement. All claims arising from the
marriage and the present litigation shall stand
fully and finally settled.
14. Pending application(s), if any, shall stand
disposed of.
……………………………….J.
[VIKRAM NATH]
……………………………….J.
[SANDEEP MEHTA]
NEW DELHI
AUGUST 18, 2025
SLP (CIVIL) NOS.2249-2250/2023 6