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Alimony In Divorce Cases will be determined by the Supreme court of India

SC Issues 8-Point Guidelines For Determining Alimony In Divorce Cases

December 12, 2024

In the wake of a public discourse surrounding the suicide of a Bengaluru-based engineer allegedly linked to harassment by his estranged wife, the Supreme Court of India has issued detailed guidelines for determining alimony in divorce cases.

The apex court outlined eight critical factors that should be given due consideration, while also clarifying that these do not constitute a rigid formula for calculating permanent alimony.

A bench comprising Justice Vikram Nath and Justice Prasanna V Varale delivered the judgment during a divorce case involving Praveen Kumar Jain and Anju Jain. The court directed Praveen Kumar Jain to pay Rs 5 crore as alimony to his wife.

The Eight-Point Framework for Alimony

The Supreme Court laid down the following factors to guide courts in alimony cases:

1. Social and economic status of both spouses.
2. Basic needs of the wife and children for the future.
3. Educational qualifications and employment status of both parties.
4. Sources of income and existing assets.
5. The wife’s standard of living while residing with her in-laws.
6. Whether the wife left her job to care for the family.
7. Legal expenses for a wife who is not employed.
8. The husband’s financial status, including earnings, responsibilities, and maintenance obligations.

The bench also emphasised the necessity of securing Rs 1 crore for the financial stability of the couple’s adult son.

Case Background

The couple had been married for six years before living separately for over 20 years due to incompatibility and strained relations.

Allegations of hypersensitivity, indifference, and poor behaviour were exchanged between the two. Acknowledging that the relationship had irretrievably broken down, the court granted the divorce along with the outlined conditions.

Context Of The Order

This landmark ruling comes amid outrage over the death of Bengaluru-based techie Atul Subhash.

Subhash, aged 34, reportedly died by suicide on December 9, leaving behind a 24-page note accusing his estranged wife, Nikita, and her family of harassment.

In the note, Subhash detailed allegations of false legal cases, including claims of dowry demands, unnatural sex, and even murder.

He highlighted the mental and financial toll of prolonged legal disputes, including high maintenance demands, in a family court in Uttar Pradesh.

The Supreme Court’s guidelines are expected to offer clarity and fairness in alimony decisions while addressing concerns around the misuse of legal provisions in marital disputes.

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