The Supreme Court clarified that these factors are intended as a ‘guideline’ rather than a ‘strict formula’ for determining permanent alimony.
The Court has identified eight factors to be taken into account when deciding on the amount of permanent alimony.
This ruling comes amid the ongoing controversy surrounding the death of a Bengaluru-based techie, who accused his wife and in-laws of harassment and extortion.
A bench consisting of Justices Vikram Nath and Prasanna B. Varale presented the eight-point framework during a hearing on a divorce settlement case on Tuesday. In this case, the Court noted that under the Hindu Marriage Act, the marriage had “irretrievably broken down,” but the only matter for consideration was the grant of permanent alimony to the wife, as reported by Live Law.
The eight factors laid down by the Supreme Court are:
- Social and financial standing of both parties
- Reasonable needs of the wife and dependent children
- Educational qualifications and employment status of both parties
- Independent income or assets held by the applicant
- Standard of living the wife had in the matrimonial home
- Employment sacrifices made due to family obligations
- Reasonable litigation costs for a non-working wife
- Husband’s financial capacity, including his income, maintenance obligations, and liabilities
The Supreme Court clarified that these factors are not a ‘strict formula’ but act as a “guideline” for determining permanent alimony.
Referring to a previous judgment (Kiran Jyot Maini v Anish Pramod Patel), the Supreme Court bench stated, “As we noted in Kiran Jyot Maini, it is crucial to ensure that the amount of permanent alimony does not penalize the husband but aims to provide the wife with a reasonable standard of living.”
In the wake of the outrage following the suicide of a Bengaluru-based techie, the Supreme Court, in a separate case, issued a warning against the misuse of cruelty laws in marital disputes filed by women against their husbands.
The Court remarked that the cruelty law should not be exploited as a “personal weapon for vengeance.”
The techie’s death, along with a suicide note accusing his wife and in-laws of harassment, has sparked widespread outrage over the abuse of dowry laws in the country. Police also found a placard in the man’s home that read, “Justice is due.”
The techie notably alleged that his estranged wife and her family had demanded ₹3 crore to resolve the false cases they had filed against him.
