Permanent Alimony in Divorce: Supreme Court Grants Installment-Based Payment

The case of Mukul Sarma vs. Sabita Chakraborty revolves around the issue of permanent alimony in a marital dispute. The Supreme Court ruled on the payment of maintenance to the wife and child, allowing the husband to pay the amount in installments due to financial difficulties.

Background of the Case

The appellant, Mukul Sarma, approached the Supreme Court challenging the High Court’s order directing him to pay:

Rs. 7,00,000 to his former wife, Sabita Chakraborty.
Rs. 3,00,000 to the child born from their marriage.

Sarma contended that he was facing financial constraints and was unable to pay the full amount at once. The respondent, represented through a Legal Aid counsel, informed the Court that she was unable to travel to Delhi due to family circumstances.

Petitioner’s Arguments (Mukul Sarma)

The High Court failed to consider his financial difficulties before ordering a lump sum payment.
Paying Rs. 10,00,000 in one go was beyond his means.
He sought a more reasonable schedule for payment.

Respondent’s Arguments (Sabita Chakraborty)

She was financially dependent and required immediate support.
The High Court’s order was justified as maintenance is a legal right of the wife and child.
Delays in payment would cause undue hardship.

Supreme Court’s Judgment

On February 1, 2016, the Supreme Court, comprising Justice Kurian Joseph and Justice Rohinton Fali Nariman, ruled as follows:

1. No Reduction in Alimony Amount

The Court upheld the High Court’s order and did not reduce the total maintenance of Rs. 10,00,000.
It reaffirmed that alimony is essential for the financial well-being of the wife and child.

2. Payment Allowed in Installments

Recognizing the appellant’s financial difficulties, the Court allowed payment in the following schedule:

Rs. 3,00,000 for the child must be paid within one month.
If any amount had already been deposited in the Family Court, it could be adjusted.
Rs. 7,00,000 for the wife must be paid in installments:

Rs. 1,00,000 by May 31, 2016.
The remaining amount in six monthly installments of Rs. 1,00,000 each.
The full amount must be cleared by November 2016.

3. Consequences of Default

If the appellant failed to pay consecutive installments, the respondent could take steps for execution of the order.
The appellant would also be liable for contempt of court if he failed to comply.

The Court disposed of the appeal with no further costs imposed on either party.

Key Legal Takeaways

Alimony is a Right: The Supreme Court upheld that financial support is necessary for divorced spouses and children.
Flexibility in Payment: Courts may allow installment payments if the payer faces financial hardship.
Legal Consequences for Default: Failure to comply with maintenance orders can result in contempt of court.
Courts Consider Practicality: The judgment balances the rights of the recipient with the financial situation of the payer.

Conclusion

The Supreme Court’s ruling reinforces the principle that maintenance orders must be complied with while allowing practical payment solutions for those facing financial hardship. This judgment ensures financial security for dependents while offering reasonable relief to payers struggling to meet lump sum obligations.

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