The Supreme Court has outlined eight key factors to be considered when determining the amount of permanent alimony.
This directive comes in the wake of widespread discussion surrounding the death of a Bengaluru-based techie, who accused his wife and in-laws of harassment and extortion.
A bench comprising Justices Vikram Nath and Prasanna B Varale issued the eight-point framework during a divorce settlement hearing on Tuesday.
In this case, the court observed that the couple’s marriage was “irretrievably broken” under the Hindu Marriage Act. However, it emphasized that the sole matter requiring deliberation was the determination of permanent alimony for the wife, according to Live Law.
The eight factors outlined by the Supreme Court include:
- Status of the parties: Social and financial standing.
- Reasonable needs: For the wife and dependent children.
- Individual qualifications and employment: Of both parties.
- Independent income or assets: Owned by the applicant.
- Standard of living: Enjoyed by the wife during the marriage.
- Employment sacrifices: Made for family responsibilities.
- Litigation costs: Especially for a non-working wife.
- Husband’s financial capacity: Including income, liabilities, and maintenance obligations.
The court clarified that these factors serve as guidelines, not rigid rules, for deciding permanent alimony. Referring to its earlier judgment in Kiran Jyot Maini v Anish Pramod Patel, the bench reiterated that alimony should ensure the wife a decent standard of living without excessively penalizing the husband.
Meanwhile, amid public outcry over the Bengaluru techie’s alleged suicide, the Supreme Court has addressed concerns about the misuse of marital cruelty laws. In a separate case, the court cautioned against weaponizing such laws as “personal tools for vendetta.”
The techie’s death, along with a suicide note accusing his wife and in-laws of harassment, has ignited outrage over alleged abuses of dowry laws. Police also discovered a placard in the man’s home reading, “Justice is due.” The man had claimed his estranged wife and her family demanded ₹3 crore to settle false cases they had filed against him.
