SC Lays Down 8 Factors To Decide Alimony Amount Amid Suicide By Atul Subhash 91 8877001993

The Supreme Court of India has provided a list of 8 factors which must be considered when deciding the amount for permanent alimony, amidst the outrage in the nation as a result of the suicide committed by the  bengaluru based techie Atul Subhash, who allegedly was being mentally distressed due to marital issues with numerous court cases filed against him by his wife. 

The guidelines so issued by the Supreme Court came during the divorce proceedings of Praveen kumar Jain and Anju Jain. In this case, the Apex Court held that as per the  provisions of the Hindu Marriage Act, the marriage of the couple has  irretrievably broken down and that granting permanent alimony to the wife was the only matter which had to be considered. 

A Bench headed by Justice Vikram Nath and Justice Prasanna V Varale, ordered Praveen Kumar Jain to pay an amount of Rs. 5 Crore as alimony. It was during the proceedings of the case, that the bench put forward an eight-point formula so as to decide the amount of money which should be paid as maintenance after the divorce. 

The eight points so mentioned are:-

• Social and financial status of the parties, 
• Reasonable needs of wife and the dependent children if any
• Individual qualifications and employment statuses of the parties.
• Independent income as well as assets owned by both parties
• Standard of living which was enjoyed by the wife in her matrimonial home
• Any kind of employment sacrifice which was made for family responsibilities
• Reasonable litigation costs for a non-working wife
• Financial capacity of  husband, his income, maintenance obligations, and liabilities.

Mentioning one of the previous judgments in the case of [Kiran Jyoti v Anish Pramod Patel] the Apex Court observed that, As has been held in the Kiran Jyot Maine, it is also necessary to ensure that the amount of permanent alimony should not penalize the husband but should be made with the aim of ensuring a decent standard of living for the wife.

The guidelines, as mentioned above, were explained by the Supreme Court amid the huge outrage around the nation over the suicide committed by Bengaluru-based techie Atul Subhash. The Apex Court, however, also observed that these guidelines are not a ‘straight jacket formula’ but merely guidelines when deciding permanent alimony. 

For further updates on the topic, also, in case, you wish to seek free legal advice or online legal counsel on matters related to dowry cases, cruelty in marriage, divorce, child custody,  maintenance, etc. you may contact our lawyers at Sharks of Law.  

Email:-helpdesk@sharksoflaw.com

Help Desk:-+91-8877001993