Supreme Court sets guidelines for alimony in divorce cases amid Bengaluru techie’s suicide

SC lists 8 factors to consider when deciding alimony

In a landmark ruling, the Supreme Court of India has issued guidelines for determining the alimony amount in divorce cases, setting out a framework for courts to follow while considering the social, economic, and personal circumstances of both parties involved. The ruling came amidst an ongoing public debate over the tragic suicide of a Bengaluru-based techie, Atul Subhash, who allegedly took his life due to harassment from his estranged wife and her family.

The Supreme Court’s bench, led by Justice Vikram Nath and Justice Prasanna V Varale, was hearing the divorce case of Praveen Kumar Jain and Anju Jain, which involved a range of complex issues surrounding marital breakdown, financial obligations, and future welfare. The court ruled that Praveen Kumar Jain must pay Rs.5 crore as alimony to his wife, Anju Jain, emphasizing that the amount should be decided after taking into account the following factors:

• Social and Economic Status: The social and economic status of both the husband and wife, which could affect the financial capacity to pay alimony and the needs of the wife.
• Basic Needs of the Wife and Children: The court stressed the importance of considering the basic needs of the wife and children, ensuring their future financial security.
• Qualifications and Employment: The educational qualifications and employment status of both parties were to be taken into consideration, including the ability of the wife to support herself financially.
• Sources of Income and Assets: The sources of income and assets held by both parties were key in determining a fair alimony amount.
• Standard of Living: The standard of living maintained by the wife during the marriage, particularly while living at her in-laws’ house, was also an important factor.
• Career Sacrifices for Family: If the wife had left her job to take care of family responsibilities, this would weigh into the decision.
• Legal Expenses: The court noted that if the wife was not employed, a reasonable amount should be allocated to cover her legal expenses.
• Husband’s Financial Status: Finally, the court considered the husband’s financial status, including his earnings and other responsibilities, in determining a suitable maintenance allowance.

In its judgment, the bench also emphasized the need to provide Rs.1 crore for the maintenance and financial security of the couple’s adult son. The ruling aims to ensure fairness and protection for the wife, especially in situations where she may not be financially independent or employed.

The case between Praveen Kumar Jain and Anju Jain was marked by allegations of marital incompatibility and strained relations. Despite living together for six years after marriage, the couple spent the next 20 years living separately. Praveen accused Anju of being hypersensitive and indifferent towards his family, while Anju alleged poor treatment by Praveen. The couple’s long separation, coupled with unresolved marital issues, led the court to conclude that the marriage had irretrievably broken down, making the divorce inevitable.

This Supreme Court ruling comes against the backdrop of a tragic incident in Bengaluru, where Atul Subhash, a 34-year-old engineer, died by suicide on December 9. Subhash, a native of Uttar Pradesh, left behind a 24-page suicide note, accusing his wife, Nikita, and her family of harassment. He alleged that his wife had falsely accused him of dowry demands, unnatural sex, and even murder, which contributed to his distress. Subhash’s note also detailed years of legal disputes with his wife, particularly regarding demands for high-maintenance payments and her behavior during court proceedings.

Subhash’s death has sparked outrage, drawing attention to the increasing issue of domestic harassment and the struggles faced by individuals in toxic marriages. His suicide note has brought to light the severe emotional and legal battles that some men endure in the face of accusations and marital discord, leading to widespread calls for reform in handling divorce and alimony cases, especially those involving alleged harassment.

The Supreme Court’s ruling on alimony is seen as a step towards balancing the financial responsibilities in divorce cases, while also acknowledging the complex dynamics of marriage breakdowns and their impact on individuals’ lives.

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