As the tragic Atul Subhash suicide case continues to draw national attention, the Supreme Court of India has outlined an 8-point framework to guide courts in deciding the amount of permanent alimony to be granted to a woman in cases of divorce.
While hearing a long-pending case involving a couple who had been separated for nearly two decades after six years of marriage, the Supreme Court directed the husband to pay ₹5 crore as permanent alimony to the wife and an additional ₹1 crore for the upbringing of their son.
The court emphasized that the 8-point framework is not a “straightjacket formula” but provides key considerations for determining alimony on a case-by-case basis.
The Eight Considerations for Alimony
The Supreme Court highlighted the following factors to be taken into account:
- Status of the Parties: The social and financial standing of both spouses.
- Reasonable Needs: The needs of the wife and any dependent children.
- Employment Status: The qualifications and employment status of both parties.
- Independent Assets: Any income or assets owned by the applicant.
- Standard of Living: The lifestyle the wife was accustomed to in the matrimonial home.
- Employment Sacrifices: Whether the wife had sacrificed career opportunities for family responsibilities.
- Litigation Costs: Provision for reasonable legal expenses, particularly for non-working wives.
- Husband’s Financial Capacity: The husband’s income, liabilities, and existing maintenance obligations.
The Case in Context
The couple had been living separately for approximately two decades following a brief six-year marriage. After carefully weighing the circumstances, the court’s ₹5 crore directive reflected a significant consideration of the wife’s financial needs and the husband’s capacity to pay.
This judgment comes at a time when discussions about gender equity in matrimonial disputes and societal expectations are in sharp focus. The guidelines are expected to influence future cases, ensuring a balanced approach that takes into account the well-being of all parties involved.
Broader Implications
The ruling is being viewed as a step toward streamlining how permanent alimony is assessed in Indian courts. Legal experts suggest that these factors provide clarity and help minimize subjectivity in matrimonial disputes, potentially setting a precedent for similar cases in the future.
As the Atul Subhash case continues to resonate across the nation, the Supreme Court’s framework offers a timely perspective on the need for fairness and equity in such sensitive matters.