Rajasthan High Court: Wife’s alimony right independent; sons’ income irrelevant

Rajasthan High Court: Wife’s alimony right independent; sons’ income irrelevant

In Shobha Kanwar v. Narpat Singh, the Rajasthan High Court held that a wife’s right to permanent alimony under Section 25 of the Hindu Marriage Act is independent and cannot be defeated by the earning capacity of adult sons. The Court emphasized that permanent alimony is not mere subsistence but ensures dignity, financial security, and a standard of living comparable to that enjoyed during marriage. It clarified that while children may have a moral or legal duty to maintain parents, this does not substitute the husband’s obligation toward his wife. Rejecting the husband’s contention, the Court held that the wife’s qualifications alone do not prove financial independence, and the burden lies on the husband to establish her stable income. Considering the husband’s financial capacity and the wife’s lack of secure residence, the Court enhanced permanent alimony from ₹25 lakh to ₹40 lakh. The judgment reinforces that spousal maintenance is a distinct legal right grounded in equity and dignity.