Supreme court outlines alimony guidelines amid Bengaluru techie's suicide case; CHECK
By Aishwarya Nair | First Published Dec 12, 2024, 10:26 AM ISTAmid the controversy surrounding the suicide of a Bengaluru techie allegedly due to harassment by his wife, the Supreme Court has highlighted key factors to consider when determining alimony in divorce cases.
Amidst the ongoing controversy surrounding the suicide of a Bengaluru techie, allegedly due to harassment by his estranged wife, the Supreme Court has outlined several factors that must be considered when determining the alimony amount in divorce cases. The issue of alimony resurfaced following the alleged suicide of a 34-year-old techie, employed at a private firm in Bengaluru. He reportedly took his life, citing harassment by his wife and her family members, who are from Jaunpur.
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The Supreme Court bench, led by Justice Vikram Nath and Justice PV Varale, in a divorce case ruling on Tuesday, advised all courts in the country to consider the factors outlined in the judgment when determining alimony amounts.
The Supreme Court has established an eight-point formula for deciding alimony after divorce. The factors to be considered include:
1. The social and economic status of both the husband and wife.
2. The future basic needs of the wife and children.
3. The qualifications and employment of both parties.
4. The sources of income and assets.
5. The wife’s standard of living while living with her in-laws.
6. Whether the wife left her job to take care of the family.
7. A reasonable amount for the legal battle if the wife is not working.
8. The husband’s financial status, earnings, and other responsibilities alongside the maintenance allowance.
The Supreme Court raised concerns over the increasing misuse of laws designed to protect women from cruelty by in-laws. The court emphasized the need for caution while deciding dowry harassment cases to avoid unwarranted harm to innocent individuals. Senior Advocate Vikas Pahwa from Delhi highlighted the potential misuse of Section 498A of the Indian Penal Code, referencing the suicide of a Bengaluru techie. He stressed that this case should be taken seriously as it has significant implications for the social fabric of society.
The Supreme Court stated that these factors are not a rigid formula but act as guidelines when determining permanent alimony.
"It is also necessary to ensure that the amount of permanent alimony should not penalize the husband but should be made to ensure a decent standard of living for the wife," said the top court.
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