The Supreme Court clarified that these factors serve as a ‘guideline’ rather than a ‘rigid formula’ for determining permanent alimony.
It outlined eight key factors to be considered when deciding the amount of permanent alimony.
This ruling comes amidst the ongoing controversy surrounding the death of a Bengaluru-based techie, who had accused his wife and in-laws of harassment and extortion.
A bench led by 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 acknowledged that under the Hindu Marriage Act, the marriage had “irretrievably broken down,” with the sole issue being the determination of permanent alimony for the wife, as reported by Live Law.
The eight factors laid down by the Supreme Court are:
- Social and financial status of both parties
- Reasonable needs of the wife and any dependent children
- Educational qualifications and employment status of both parties
- Independent income or assets owned by the applicant
- Standard of living the wife enjoyed in the marital home
- Employment sacrifices made due to family responsibilities
- Reasonable litigation expenses for a non-working wife
- Husband’s financial ability, including income, maintenance obligations, and liabilities.
The Supreme Court clarified that these factors are not a ‘rigid formula’ but serve as a “guideline” for determining permanent alimony.
Citing a previous judgment (Kiran Jyot Maini v Anish Pramod Patel), the bench emphasized, “As observed in Kiran Jyot Maini, it is important to ensure that the amount of permanent alimony does not penalize the husband, but instead aims to provide the wife with a reasonable standard of living.”
In response to the outrage following the suicide of a Bengaluru-based techie, the Supreme Court, in a separate case, issued a caution against the misuse of cruelty laws in marital disputes initiated by women against their husbands.
The Court observed that the cruelty law should not be used as a “personal weapon for revenge.”
The techie’s death, accompanied by 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 discovered a placard in the man’s home that read, “Justice is due.” The techie had notably claimed that his estranged wife and her family demanded ₹3 crore to resolve the false cases they had filed against him
