Amid uproar over Atul Subhash suicide, SC lists 8 factors to decide alimony debate

The Supreme Court bench of Justice Vikram Nath and Justice PV Varale, while deciding a divorce case on Tuesday (December 10) and deciding on alimony amount, advised all the courts across the country to base their orders on the factors mentioned in the judgment.

Also read: Amid Bengaluru techie's suicide, SC laments tendency to 'misuse' dowry laws

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.

Also read: Bengaluru suicide: FIR filed against techie’s wife, in-laws; lawyers slam ‘misuse’ of laws

The top court said that these factors should serve as guidelines while fixing permanent alimony

Further, they noted that these factors are not a 'straight jacket formula' but a "guideline" to decide permanent alimony.

"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.

Misuse of dowry laws

Dismissing a dowry case against a man and his parents in a Telangana case, a SC bench comprising Justices BV Nagarathna and N Kotiswar Singh observed that dowry laws are  sometimes exploited as a tool for personal vendetta against the husband and his family.

The top court order comes amid the ongoing debate surrounding the death of a Bengaluru-based techie, who alleged harassment and extortion at the hands of his wife and in-laws.

Though in this case, the SC bench of Justice Vikram Nath and Justice PV Varale said according to the jurisdiction under the Hindu Marriage Act, every factor in the couple's marriage was "irretrievably broken down", it found that the grant of permanent alimony to the wife was the only matter that required consideration, reported Live Law.

Referring to one of its previous judgments (Kiran Jyot Maini v Anish Pramod Patel), the top court bench said, "As held by us in 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."

Bengaluru suicide case

The Bengaluru techie suicide case has reignited a broader debate over the misuse of dowry laws in India.

The SC has previously raised concerns about the growing trend of misusing Section 498A of the Indian Penal Code (IPC), which addresses cruelty by husbands and their relatives against married women.

In his suicide note, the Bengaluru techie called for justice, stating, "Justice is Due" on every single page of the 24-page suicide note.

Notably, the Supreme Court, in another case, warned against the misuse of the cruelty law in marital dispute cases lodged by women against their husband.