Family & Matrimonial

How Courts Decide Permanent Alimony: Recent Supreme Court Guidance: An Illustrative Scenario

By Mishpat Legal Consultants

Updated

What follows is a fictional, illustrative scenario intended only to demonstrate how the general rules above apply to a typical set of facts. It does not describe a real person, client, or case.

The illustrative scenario

Someone is trying to understand how courts decide permanent alimony. What factors courts weigh when fixing permanent alimony, based on 2024-2025 Supreme Court rulings.

Illustrative, not an actual client matter

The question

A reader in this situation might ask:

What does the Supreme Court consider when deciding alimony?

How the general rule applies

In Kiran Jyot Maini v Anish Pramod Patel (15 Jul 2024), the Supreme Court held that maintenance should reflect the standard of living enjoyed during the marriage.

As a general rule, in a December 2024 ruling (Parvin Kumar Jain v Anju Jain), the Supreme Court set out around eight factors relevant to permanent alimony and made a ₹5 crore award on the facts of that case.

In Rakhi Sadhukhan v Raja Sadhukhan (29 May 2025), the Supreme Court fixed maintenance of ₹50,000 per month, rising by 5% every 2 years to account for inflation.

Recent rulings point to a range of factors, including the standard of living during the marriage (Kiran Jyot Maini, 15 Jul 2024) and provision for inflation through periodic increases (Rakhi Sadhukhan, 29 May 2025), among other factors set out in a December 2024 ruling.

What often gets missed in situations like this

  • Assuming alimony is a fixed percentage of income — recent rulings show courts weigh a range of factors, including the marital standard of living.
  • Assuming Muslim women cannot claim maintenance under the general law — Mohd Abdul Samad confirms this route remains available alongside personal-law remedies.

As noted above, this scenario is a constructed illustration used to explain the general rule — it does not describe a real client, case, or outcome.

For the general rules, see How Courts Decide Permanent Alimony: Recent Supreme Court Guidance, Interim Maintenance: What Rajnesh v Neha Requires, and Mutual-Consent Divorce in India: How It Works.

If this touches a situation you are dealing with, you are welcome to discuss it in a consultation.

The content above explains how the law generally works; it is not legal advice and should not be treated as a substitute for advice on your particular facts.

This page provides general information about the law in India and is not legal advice. For advice on your specific situation, please consult a qualified advocate.

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