The Supreme Court has introduced an eight-point framework to guide the determination of alimony amounts, bringing clarity to a contentious issue amid the ongoing debate over the tragic suicide of Bengaluru-based techie Atul Subhash.
Subhash had alleged harassment by his wife and in-laws, sparking widespread discussions on marital disputes and the need for equitable legal mechanisms.
Before taking the extreme step, Atul Subhash, a Bihar native, recorded an 80-minute video accusing his estranged wife, Nikita Singhania, and her family of filing multiple cases against him and his family to extort money. In a 24-page suicide note, he also criticized the justice system.
Amid this backdrop, the Supreme Court bench comprising Justice Vikram Nath and Justice PV Varale, while deciding a divorce case on Tuesday, emphasized that courts across the country should base their alimony orders on the factors outlined in their judgment.
The eight points are:
* Social and economic status of husband and wife
* Basic needs of wife and children in the future
* Qualification and employment of both parties
* Means of income and property
* Wife's standard of living while living in in-laws' house
* Has she left her job to take care of the family?
* Reasonable amount for legal battle for a wife who is not working
* What will be the financial status of the husband, his earnings and other responsibilities along with alimony.
The Supreme Court clarified that the factors outlined in its judgment do not constitute a simple formula but rather serve as guidelines to assist courts in determining permanent alimony. These guidelines are intended to ensure a fair and balanced approach in fixing alimony amounts, taking into account various aspects of the case.
"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," said the top court.
In another development earlier today, a bench comprising Justices BV Nagarathna and N Kotiswar Singh dismissed a dowry case against a man and his parents, noting that the provision is sometimes misused as a tool for personal vendetta against the husband and his family.
The case of Atul Subhash has reignited the broader debate over the misuse of dowry laws in India, with the Supreme Court having previously expressed concerns about the growing misuse of Section 498A of the Indian Penal Code (IPC), which addresses cruelty by husbands and their relatives against married women.
In his suicide note, Subhash called for justice, stating, "Justice is Due" on every single page of the 24-page note. Atul and Nikita had met on a matchmaking website and married in 2019, later becoming parents to a boy in 2020.
Subhash had alleged that his wife's family repeatedly demanded large sums of money from him, and when he refused to comply, his wife left their Bengaluru home with their son in 2021.
He further said that his wife and her family first demanded ₹ 1 crore to settle the case, but later hiked this to ₹ 3 crore.
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