HC allows divorced woman to withdraw ₹1 crore alimony citing ill health, financial distress

Bombay HC allows a divorced woman to withdraw ₹1 crore from ₹1.5 crore alimony for urgent medical and financial needs amid ongoing appeal.

MUMBAI: In a significant relief to a 50-year-old divorced woman battling severe health issues and financial distress, the Bombay high court (HC) recently permitted her to withdraw ₹1 crore from the ₹1.5 crore permanent alimony awarded to her, despite the matter being under appeal.

HC allows divorced woman to withdraw ₹1 crore alimony citing ill health, financial distress

The applicant, who married the respondent in January 2012, was granted a divorce by mutual consent in March 2017. As part of the divorce proceedings, the Family Court in Bandra had, on July 22, 2022, directed the respondent to pay her ₹1.5 crore as permanent alimony— ₹1 crore towards housing and ₹50 lakh for litigation expenses.

In an interim application filed before the high court in 2025, the woman sought permission to withdraw the entire alimony amount, citing urgent medical and financial needs. She informed the court that she was unemployed, had undergone two major surgeries, and had depleted her savings over the past three years managing medical and other essential expenses. She added that she could no longer depend on her 87-year-old father, a retired bank employee.

The applicant also argued that the alimony awarded was inadequate in view of the respondent’s considerable financial standing. According to her, the respondent holds directorships and partnerships in several companies and firms and possesses multiple bank accounts, fixed deposits, mutual funds, and other assets.

However, opposing the plea, the respondent’s counsel, advocate Taubon Irani, claimed the woman had sufficient resources. He argued that her monthly expenses stood at ₹15,000 and pointed out that the Family Court had previously ordered the respondent to pay her ₹60,000 per month as interim maintenance.

The division bench of justices G S Kulkarni and Advait M Sethna, after considering the submissions, allowed the unconditional withdrawal of ₹1 crore from the alimony corpus. The court observed that the applicant had not received the interim maintenance since July 2022 and faced urgent financial and medical challenges.

Referring to the respondent as a “man of means” with evident financial capacity, the bench dismissed the argument that the applicant’s needs were minimal. “We cannot overlook basic humane considerations and the precarious financial position in which the applicant stands,” the court noted. “The right to livelihood of the applicant, who has been fighting this legal battle for the last 12 years, must be an essential consideration.”

The court also criticised the idea that the respondent could treat the alimony as a financial investment, doling out interest as and when he deemed fit. “In such matters, business considerations cannot override the livelihood concerns of the applicant,” the bench concluded.