'Maintenance has been weaponised', Bengaluru techie's suicide reignites debate over unfair alimony

The tragic death of Atul Subhash, a Bengaluru techie who took his own life, allegedly due to harassment by his estranged wife, has sent shockwaves across the country. The 24-page-long suicide note and 90-minute video he left behind detail the harassment he was facing from his estranged wife, Nikita Singhania, forcing him to take the extreme step.

Atul Subhash wanted Rs 2 lakhs as maintenance

Among other allegations, Subhash claimed that his wife, who is working at Accenture and receiving ?40,000 every month from him as court-ordered maintenance, was demanding ?2 lakhs from him as alimony.

CREDIT: UNSPLASH

Many on social media pointed out that it was unfair for a man to pay maintenance to his estranged wife, who has a high-paying job.

Recent cases of wives demanding shockingly-high amounts as maintenance

Some also highlighted recent court cases where women have demanded crores of rupees in maintenance from their estranged partners. Recently, several such cases have surfaced, where women sought exorbitant amounts like ?2 crore to ?13 crore from their ex-husbands, despite being well-earning individuals themselves.

'Maintenance is unfair'

Men's rights groups have long argued that the provision of maintenance is often misused by women to 'punish' their former partners, irrespective of whose fault it was that the relationship broke down.

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How is maintenance calculated in India

It should be noted that there is no clear definition or formula for calculating maintenance. However, the Supreme Court suggested that 25% of the husband's net salary can be a fair amount for monthly maintenance.

The idea behind maintenance is to provide the estranged partner with basic necessities and help them lead a normal life after divorce.

Factors that determine maintenance amount

In most cases, the maintenance is decided by the respective courts, taking into account several factors, including the employment status/income of the woman, duration of marriage, age, liabilities, custody of children, social status, standard of living, reason for divorce, etc.

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If the woman is unemployed and has to take care of children, she is usually entitled to a higher amount as maintenance.

Are prenups valid in India?

In some countries, especially in the West, couples enter into prenups or prenuptial agreements before getting married, where they agree on how the assets and liabilities would be split in case they are separated. Such prenuptial agreements are not legally recognised or enforceable in India.

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