M.V. LEELAVATHIversusDR. C.R. SWAMY @ DR. C.R. KUMARA SWAMY

                 [2025] 9 S.C.R. 178 : 2025 INSC 994

                         M.V. Leelavathi
                                v.
            Dr. C.R. Swamy @ Dr. C.R. Kumara Swamy
                 (Civil Appeal No(s).10684-10685 of 2025)
                                18 August 2025
               [Vikram Nath* and Sandeep Mehta, JJ.]


                            Issue for Consideration
       The Family Court awarded Rs.15,00,000/- as permanent alimony,
       which was upheld by the High Court.

                                   Headnotes†
       Hindu Marriage Act, 1955 – Decree of divorce – Permanent
       alimony – The Family Court granted a decree of divorce and
       awarded Rs.15,00,000/- as permanent alimony – The High
       Court upheld the grant of divorce on the ground of cruelty
       and held that the Rs.15,00,000/- awarded as alimony by the
       Family Court was appropriate – Correctness:
       Held: Decree of divorce affirmed – 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 a state of acute economic deprivation – A balanced
       approach, weighing the respondent’s capacity and the appellant’s
       needs, must therefore be adopted – Considering the evidence
       on record, this Court finds 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.
       [Paras 9, 10]

                                  List of Acts
       Hindu Marriage Act, 1955.




* Author
[2025] 9 S.C.R.                                                         179

      M.V. Leelavathi v. Dr. C.R. Swamy @ Dr. C.R. Kumara Swamy


                            List of Keywords
     Permanent alimony; Determination of alimony; Capacity to
     pay higher amount; Ability to sustain; Ability to earn; Economic
     deprivation; Educated; Highly qualified; Enhancement of permanent
     alimony; Adoption of balance approach.

                           Case Arising From
     CIVIL APPELLATE JURISDICTION: Civil Appeal No(s).
     10684-10685 of 2025
     From the Judgment and Order dated 18.11.2022 of the High Court
     of Karnataka at Bengaluru in MFA No. 3747 of 2015 and MFA No.
     2483 of 2022

                        Appearances for Parties
     Advs. for the Appellant:
     Shanthkumar V.Mahale, Sr. Adv., Madhvendra Singh, Ms. Anuradha
     Bhat, Ms. Adveetiya Sharma, Harisha S.r.
     Advs. for the Respondent:
     Mrigank Prabhakar, Ms. Sakshi Banga, Siddharth Sahu.

                Judgment / Order of the Supreme Court

                               Judgment

     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 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
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            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 Act, 19551 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 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.



1    HMA.
[2025] 9 S.C.R.                                                         181

      M.V. Leelavathi v. Dr. C.R. Swamy @ Dr. C.R. Kumara Swamy


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 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
12. The appellant shall furnish her bank account details to the respondent
    for the above payments.
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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.

       Result of the case: Appeals Partly allowed.




       †
           Headnotes prepared by: Ankit Gyan