Alimony 2.0: SC Lays Down 8 Essential Factors in Divorce Cases, Drawing Attention After Bengaluru Techie Incident
New Delhi (The Uttam Hindu): Discussions continue in the suicide case of software engineer Atul Subhash while on Tuesday the Supreme Court made an important comment regarding alimony in a separate divorce case. The court outlined 8 factors that can be considered when deciding the amount of alimony to be granted to the wife. Although these factors were presented in the context of a divorce case they have sparked significant attention.
Justices Vikram Nath and Prasanna B. Varale, who were hearing the divorce case emphasized that the marriage in question had completely broken down under the Hindu Marriage Act. The court noted that in this situation granting permanent alimony to the wife was the only viable option to consider.
The Supreme Court’s Formula for Alimony
The court presented 8 key factors to be considered when deciding on alimony clarifying that these are guidelines not strict formulas for determining the amount of permanent alimony:
1. Economic and social condition of both parties
2. Reasonable needs of the wife and dependent children
3. Education and employment status of both parties
4. Assets and independent sources of income of the applicant
5. Amenities available to the wife while living with her in-laws
6. Sacrifices made by the wife related to employment for family responsibilities
7. Costs involved in the case if the wife is not working
8. The husband’s financial capacity, income, and liabilities
Atul Subhash Case Update
In the ongoing investigation into Atul Subhash’s tragic death serious allegations have been made by Subhash against his wife Nikita Singhania, her mother Nisha Singhania uncle Sushil Singhania and brother Anurag Singhania. Subhash released a 24-page suicide note and a video both detailing his grievances. He also named Principal Judge Rita Kaushik of Jaunpur Family Court in the note. On Wednesday, based on a complaint from Subhash's brother Vikas Kumar, an FIR was filed against the four individuals.
Subhash’s uncle, Pawan Kumar has alleged that Subhash was harassed and tortured for money claiming that his wife and in-laws continually demanded financial support and insulted him. According to Pawan Kumar, "He was losing the case filed by his wife and was being harassed. They (wife and in-laws) were constantly asking him for money. As per his status, he was giving money for the maintenance of the child." Initially, Subhash’s family was asked to pay Rs 40,000 per month, which was later increased to Rs 1 lakh, with the allegations suggesting that his wife and in-laws were extorting money under the guise of child maintenance for Subhash’s four-year-old son.
