A Karnataka woman is being ridiculed for demanding an alimony of Rs 6 lakh monthly from her ex. Is this fair?

The Karnataka High Court recently dismissed an appeal filed by a woman seeking Rs 6 lakhs in monthly alimony, citing the lack of reasonable justification for the requested amount. Justice Lalitha Kanneganti, presiding over the case, found the petitioner's claim to be excessive and asked for more concrete figures regarding her actual expenses.

The appeal, presented by Advocate Akarsh Kanade on behalf of the petitioner, sought the large sum to cover what was described as her “basic needs,” which included items such as bangles, chains, sandals, and watches. The court questioned whether such expenses constituted "basic needs" and noted that the petitioner did not have any dependents or children.
According to the Bar and Bench, the court said that she has no responsibility for any other family member or children, “Does anybody spend this much? A single lady for herself?”

During the hearing, the petitioner referenced her ex-husband’s preference for branded clothing, such as Calvin Klein t-shirts costing around Rs 10,000, arguing that she should be entitled to similar living standards. Additionally, she cited health concerns, including knee joint pain and fever, which she attributed to negligence during the marriage.

Further, Judge Lalitha Kanneganti also refused to entertain the request, saying, “If she wants to spend, let her earn,” TOI reported.

But how much alimony is considered fair in India?

In India, alimony, also referred to as maintenance, is a key aspect of divorce proceedings. This financial support is provided by one spouse to another, irrespective of the divorce grounds. The determination of alimony involves complex legal and financial assessments, taking into account factors such as the earning capacity of both spouses, their financial needs, the length of the marriage, and the lifestyle maintained during the marriage.

The Supreme Court of India has set a general benchmark for monthly alimony, where the husband may be required to pay 25% of his net salary to his estranged wife. While this guideline applies to monthly payouts, no specific rule exists for lump-sum settlements, though they typically range from one-fifth to one-third of the spouse's net worth.

The calculation of alimony depends on various factors, such as:

• Monthly incomes of both spouses
• Educational background and employment prospects
• Duration of the marriage
• Number of children and child custody arrangements
• Husband's income, liabilities, and lifestyle
• Reasonable needs and financial independence of the wife

In case of the Karnataka woman, the court expressed its expectation that more reasonable figures be provided to support her request. "If you want an order from the court, I want actual figures, not these lakhs of figures," said Justice Kanneganti. The judge also stated that the court is not a place for bargaining and advised the petitioner to be realistic in her demands.

While the petitioner’s counsel attempted to lower the alimony request, the court maintained that without a rational basis for the amount, the application could not be entertained. Justice Kanneganti emphasised that the appeal would be dismissed if a more reasonable claim was not presented.

In its final remarks, the court suggested that the appeal could be denied solely on the grounds of being unreasonable, stressing the importance of presenting justified and fact-based requests in legal proceedings.