Amid uproar over Bengaluru techie's suicide, SC issues guidelines on alimony, says it should not penalise husband
SC bench of Justices Vikram Nath and Prasanna B. Varale noted that the permanent alimony amount should be decided in such a manner that it does not penalise the husband but ensures a decent standard of living for the wife.
Even as the outrage over the death of Atul Subhash, a Bengaluru-based techie who died by suicide continues, the Supreme Court has issued an 8-point guideline on how the permanent alimony amount should be calculated in divorce cases. The SC bench of Justices Vikram Nath and Prasanna B. Varale noted that the permanent alimony amount should be decided in such a manner that it does not penalise the husband but ensures a decent standard of living for the wife.
CREDIT: FREEPIK
Guidelines for deciding alimony amount
According to the SC, the following factors should be taken into account while deciding the permanent alimony amount:
- Status of the parties, social and financial.
- Reasonable needs of the wife and the dependent children.
- Parties' individual qualifications and employment statuses.
- Independent income or assets owned by the applicant.
- Standard of life enjoyed by the wife in the matrimonial home.
- Any employment sacrifices made for family responsibilities.
- Reasonable litigation costs for a non-working wife.
- Financial capacity of the husband, his income, maintenance obligations, and liabilities.
Not straitjacket formula
The SC, however, added that these factors do not lay down a straitjacket formula but act as guidelines while deciding permanent alimony.
CREDIT: FREEPIK
The issue of alimony has been under the spotlight following the death of the Bengaluru techie on Monday.
Bengaluru techie suicide
In his 24-page-long suicide note, Subhash had alleged that his estranged wife, Nikita Singhan, was trying to get him to pay ?2 lakh a month as maintenance for her and the couple's four-year-old son.
After the death of Subhash, many on social media have also alleged that women are misusing laws to punish their ex-husbands after the breakdown of the relationship. Many have further alleged that courts arbitrarily decide the amount of alimony without taking into consideration other liabilities of the husband.
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Bobins Abraham is the Assistant News Editor at Indiatimes. He has more than twelve years of experience in TV and digital journalism. An avid student of history and geopolitics, he is a conservationist and environmentalist at heart. He writes on environment, sustainability, human-animal conflict and more.
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