Amid Bengaluru techie death case, SC issues 8 guidelines on alimony amount

The Supreme Court clarified that these eight factors are not rigid rules but serve as guidelines for determining alimony

The Supreme Court has laid down eight key criteria for determining the amount of permanent alimony in divorce cases.  

 

This directive comes amid ongoing discussions sparked by the death of a Bengaluru-based software engineer, who had accused his wife and in-laws of harassment and extortion before taking his life.  

 

While hearing the divorce case of Praveen Kumar Jain and Anju Jain, an SC bench comprising Justices Vikram Nath and Prasanna B Varale ordered Praveen Kumar Jain to pay Rs 5 crore in alimony to his wife. The court outlined an eight-point guideline for assessing alimony in its Tuesday ruling.  

 

In this case, the court noted that the marriage had “irretrievably broken down” under the jurisdiction of the Hindu Marriage Act. It found that determining permanent alimony for the wife was the only issue that required resolution, according to a report by LiveLaw.  

 

The eight factors identified by the Supreme Court:  

1. The social and financial status of the parties

2. The reasonable needs of the wife and dependent children

3. The qualifications and employment status of both parties

4. The applicant’s independent income or assets

5. The standard of living enjoyed by the wife in the matrimonial home

6. Career sacrifices made by either spouse for family responsibilities

7. Litigation expenses for a non-working wife

8. The husband’s financial capacity, income, and existing liabilities

 

The top court clarified that these factors are not rigid rules but serve as guidelines for determining alimony.   

 

Praveen Kumar Jain-Anju Jain divorce case  

In its verdict, the SC bench also directed Praveen Kumar Jain to allocate Rs 1 crore for the financial security of his adult son.  

The couple had lived together for six years before spending the next two decades apart. Allegations of incompatibility and strained relations marred their marriage. Praveen accused Anju of being hypersensitive and indifferent to his family, while Anju alleged that Praveen’s behaviour towards her was problematic.  

The prolonged separation left no room for the couple to fulfill their marital responsibilities, leading the court to conclude that the relationship had completely broken down. The divorce was granted along with specific financial conditions.  

 

Bengaluru techie suicide case  

The Supreme Court’s guidelines and the Jain case verdict coincided with public outrage over the suicide of Atul Subhash, a 34-year-old engineer from Bengaluru. Subhash died by suicide on December 9, leaving behind a video and a 24-page note accusing his wife, Nikita, and her family of harassment. 

In his note, Subhash detailed years of legal disputes in a family court in Uttar Pradesh and alleged that Nikita filed false cases against him, including dowry demands, unnatural sex, and murder. He also highlighted her demands for high-maintenance payments and her conduct during court proceedings.  

 

Subhash, originally from Uttar Pradesh, was found dead in his Bengaluru apartment, triggering widespread debate over marital disputes and legal proceedings. 

 

[With agency inputs]