Amid public outrage over the suicide of a Bengaluru-based techie alleging harassment by his wife and in-laws, the Supreme Court of India has established eight critical factors to guide decisions on permanent alimony in divorce cases.
The guidelines were laid down by a bench comprising Justices Vikram Nath and Prasanna B. Varale during a hearing on Tuesday. While addressing a divorce settlement, the bench clarified that the listed factors serve as a framework and not a rigid formula for determining alimony.
Key Factors for Alimony Decisions
The Supreme Court identified these eight considerations:
- Social and financial status of the parties involved.
- The reasonable needs of the wife and any dependent children.
- Qualifications and employment status of both parties.
- Independent income or assets owned by the applicant seeking alimony.
- The standard of living enjoyed by the wife during the marriage.
- Any sacrifices in employment made by either party for family responsibilities.
- Litigation costs for a non-working wife.
- The husband’s financial capacity, including income, maintenance obligations, and liabilities.
The court emphasized that alimony should ensure a dignified standard of living for the wife without disproportionately penalizing the husband. Referring to a prior judgment in Kiran Jyot Maini v. Anish Pramod Patel, the bench reinforced the principle of fairness in such settlements.
Addressing Misuse of Laws
Separately, the court highlighted concerns about the misuse of marital cruelty laws. The judges warned against using such laws as tools for personal vendetta, stating they must not become mechanisms for harassment.
The Bengaluru Techie Case
The case has reignited debates on the misuse of dowry and marital laws. The deceased techie alleged in his suicide note that his wife and in-laws had extorted him for ₹3 crore by filing false cases. Police recovered a placard from his home reading, “Justice is due,” amplifying the public demand for reform in marital dispute laws.
These developments underscore the need for a balanced approach to ensure justice in sensitive marital cases.
