In Short

• Supreme Court made a statement while hearing the divorce case of a couple
• Consideration of social, and economic status of husband-wife among factors
• Husband's financial status, earnings along with maintenance are also a factor

Amid an ongoing debate over the suicide of a Bengaluru-based techie allegedly due to harassment by his estranged wife, the Supreme Court has laid down a number of conditions and factors that require due weightage while deciding the alimony in divorce cases. The top court advised all other courts to follow the guidelines but said the factors do not lay down a "straitjacket formula" while deciding the permanent alimony.

The court was hearing the divorce case of a couple, Praveen Kumar Jain and Anju Jain. A bench of Justice Vikram Nath and Justice Prasanna V Varale ordered Praveen Kumar Jain to pay Rs 5 crore as alimony to his wife.

THE EIGHT-POINT FORMULA FOR DECIDING ALIMONY

The alimony shall be decided after divorce considering:

1. Social and economic status of the husband and the wife.
2. Basic needs of the wife and children in the future
3. Qualification and employment of both parties
4. Sources of income and assets
5. The standard of living of the wife while living at her in-laws' house
6. Has she left her job to take care of the family?
7. A reasonable amount for a legal battle for a wife who is not working
8. What will be the financial status of the husband, his earnings and other responsibilities along with the maintenance allowance?

The bench, while pronouncing the verdict in the divorce case, emphasised the need to make a provision of Rs 1 crore for the maintenance and financial security of his adult son.

The couple lived together for six years after marriage and spent the next 20 years living separately. Allegations of incompatibility and strained relations had marked their marriage.

Praveen alleged that Anju was hypersensitive and that she used to treat his family with indifference.

On the other hand, Anju had alleged that Praveen's behaviour was not good towards her. Living separately for such a long time, the couple had no opportunity to fulfil their marital obligations.

In view of this, the court believed that the meaning, attachment and relationship of marriage had completely broken down in their case. The court then approved the divorce, specifying the conditions.

The order comes amid a public outcry over Bengaluru techie Atul Subhash's suicide, who has accused his estranged wife and her family of harassment. Subhash, a 34-year-old Bengaluru engineer, died by suicide on December 9 and left behind a 24-page note levelling the accusations against his wife and in-laws.

Subhash, a native of Uttar Pradesh, accused his wife Nikita of filing false cases against him, with claims of dowry demands, unnatural sex, and murder, as per the note found by police.

The note described Subhash’s years-long struggle, which involved legal disputes in a family court in Jaunpur, Uttar Pradesh. It also mentioned Nikita’s demands for high-maintenance payments and her behaviour during court proceedings.