New Alimony Guidelines from SC

The Supreme Court has introduced eight key factors to help determine the amount of permanent alimony in divorce cases. This decision follows a series of discussions sparked by a tragic incident involving a Bengaluru-based software engineer, who died by suicide after accusing his wife and in-laws of harassment.

Divorce Case of Praveen Kumar Jain and Anju Jain

The Supreme Court issued its ruling while hearing the divorce case of Praveen Kumar Jain and Anju Jain. The bench, consisting of Justices Vikram Nath and Prasanna B Varale, ordered Praveen to pay Rs 5 crore in alimony to his wife. The case centered around the issue of permanent alimony, with the court emphasizing that the marriage had "irretrievably broken down" under the Hindu Marriage Act.

Eight Factors for Determining Alimony

In its ruling, the Supreme Court outlined the following eight factors to be considered when assessing alimony:

Social and Financial Status of Both Parties
Reasonable Needs of the Wife and Dependent Children
Qualifications and Employment Status of Both Parties
Applicant's Independent Income or Assets
Standard of Living in the Matrimonial Home
Career Sacrifices Made for Family Responsibilities
Litigation Expenses for a Non-Working Wife
Husband's Financial Capacity, Income, and Existing Liabilities

The court clarified that these factors are not rigid rules, but rather serve as guidelines for deciding alimony.

Financial Security for Adult Son

Along with the alimony amount, the court also directed Praveen Kumar Jain to allocate Rs 1 crore for the financial security of the couple’s adult son. The couple had lived together for six years before separating for two decades due to allegations of incompatibility and strained relations.

Bengaluru Engineer’s Suicide and Public Outrage

This ruling came at a time when the public was grappling with the suicide of 34-year-old Bengaluru engineer, Atul Subhash. Subhash died on December 9, leaving behind a video and a 24-page note in which he accused his wife, Nikita, and her family of harassment. He detailed years of legal disputes, including false accusations against him, and cited his wife’s demands for high-maintenance payments.

Subhash’s death has sparked a debate on marital disputes, family courts, and the need for reform in legal proceedings.

With inputs from agencies
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