Husband challenges Rs 2 crore alimony order to his doctor wife, wins; Karnataka HC brought down divorce settlement to Rs 50 lakh explaining 'alimony is not meant to equalise assets'

A Mangaluru doctor who was granted Rs 2 crore as permanent alimony from her husband after their divorce has now seen that amount cut down to Rs 50 lakh, after the Karnataka High Court agreed with her husband that the figure fixed by the Family Court was too high for a wife who earns her own living.

The Karnataka High Court, however, upheld the divorce itself, rejecting the husband's appeal to have the decree of divorce set aside. The court found that the husband had subjected his wife to sustained physical and mental cruelty during their marriage, and that this finding by the Family Court did not need to be disturbed.

How the marriage broke down


The couple were college mates in Mangaluru who married in 2011 and later moved to the United Kingdom, where they had two daughters. Their relationship soured while they were abroad, and the disputes eventually brought them back to India, with proceedings having also been fought in courts in the United Kingdom before the matter reached Karnataka.

The wife had approached the Family Court in Mangaluru seeking divorce on the ground of cruelty, while the husband opposed her petition and filed a counter claim asking for restitution of conjugal rights.

What evidence went against the husband

WhatsApp conversations between the couple turned out to be the central piece of evidence in the case. The Family Court found that these chats showed the husband had, at one point, admitted to hitting his wife and had expressed regret for it. The chats also pointed to hostility towards his wife's parents and repeated attempts to control her behaviour.

Another incident that weighed against the husband involved the removal of a photograph of his wife's deceased father from their home. His own WhatsApp messages later showed him expressing regret after his wife complained about it, and the courts treated this as an act contributing to mental cruelty.

The husband had also repeatedly alleged that his wife suffered from mental illness, and even raised this claim during proceedings related to custody of their children. Since he could not produce any medical or expert evidence to support the allegation, both the Family Court and the Karnataka High Court held that making such unsubstantiated claims itself amounted to cruelty.

The husband argued that the couple had reconciled once after counselling and gone on to have their second child, and that this meant the earlier allegations of cruelty stood forgiven. The Karnataka High Court disagreed, holding that instances of cruelty after the couple's reconciliation in 2018 were enough to keep the case alive on their own.

Why the alimony amount was reduced

While upholding the divorce, the Karnataka High Court took a different view on the money involved. The wife, who had originally asked for Rs 5 crore in alimony, was awarded Rs 2 crore by the Family Court. The husband challenged this figure before the High Court, arguing it was excessive given that his wife is a qualified, practising doctor with an independent income and her own assets.

The Karnataka High Court agreed with him on this point. It observed that permanent alimony is meant to allow a spouse to maintain herself with reasonable dignity, and is not intended to equalise the wealth of both parties. Taking into account the wife's professional qualification and earning capacity, along with the husband's financial commitments, the court reduced the alimony to Rs 50 lakh, to be paid within three months, failing which it would carry simple interest at 6 percent a year from the date of the original decree.

What was decided for the children

Separately from the alimony question, the Karnataka High Court also set out the arrangement for the couple's two daughters. The mother was given exclusive physical custody, while the father was granted visitation rights every Saturday and Sunday for three hours on each day, to be exercised in the mother's presence.

The husband was directed to pay Rs 25,000 a month for each child, adding up to Rs 50,000 a month in total, an amount that will increase by Rs 5,000 per child every year until each daughter reaches the age of majority. This money is to be deposited into a joint account held by the mother along with the children, to be used solely for their welfare. The husband was also told he would need to contribute towards the children's future wedding expenses when the time comes, in keeping with his financial capacity.