New Delhi: The Supreme Court has set the alimony amount at 25% of the ex husband's salary and called it a just amount and fair amount.
A bench of Justices R Banumathi and M M Santanagoudar in a recent observation while directing a resident of West Bengal's Hoogly, earning nearly Rs one lakh a month, to set aside Rs 20,000 as maintenance for his former wife and their son. Rejecting the man's plea that the amount is excess, the Court observed that the estranged wife and child has all the right to live with dignity even after the separation.
The amount was earlier fixed at 23,000 and was reduced to 20,000 after the man pleaded that since he has remarried, he needs to provide to his new family as well.
The Bench observed that "Twenty-five percent of the husband's net salary would be just and proper to be awarded as maintenance to the (former) wife. The amount of permanent alimony awarded to her must be befitting the status of the parties and the capacity of the spouse to pay maintenance, which is always dependent on the factual situation of the case... and the court would be justified in moulding the claim for maintenance passed on various factors.