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V.K. Vasantha Kumari v. R. Sudhakar

Civil Appeal · Neutral citation not assigned (Civil Appeal Nos. 8459-8462 of 2014)Decided 4 Sept 2014
Civil Appeal Nos. 8459-8462 of 2014
Justice J. Chelameswar · Justice A.K. Sikri

Background

Following divorce, the High Court assessed the wife's maintenance need at ₹40,000 per month and awarded ₹40 lakh as permanent alimony. The husband's challenge had already failed, and he deposited that sum. The wife argued that fluctuating fixed-deposit interest rates meant the capital would not reliably provide the assessed monthly support.

Decision Breakdown

The Supreme Court accepted the wife's concern on the circumstances of this case. The finding that she required ₹40,000 monthly had become final. It directed the husband to pay a further ₹15 lakh as permanent alimony. A supplementary order after pronouncement extended the payment deadline from thirty days to eight weeks.

Lesson Learnt

A lump-sum alimony award should be assessed against the support it can realistically provide. Here, uncertainty in interest returns justified additional capital to meet an already settled monthly maintenance need.

Official source (sci.gov.in)View Judgment (PDF)

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