India: SC devises eight-point formula for deciding alimony amid outrage over techie’s death

The Supreme Court of India listed eight points that are required to be considered while deciding the permanent alimony amount during the hearing of a divorce settlement case.

A bench of Justices Vikram Nath and Prasanna V Varale laid down the formula amid heated debate in the country around alimony, harassment and extortion by wife and in-laws. The debate was triggered by recent death of a techie from Uttar Pradesh state, who died by suicide after accusing his wife and her family of extortion.

Now, the new formula will work as a go-to guide for all courts in the country while deciding alimony amount in divorce cases.

Add WION as a Preferred Source

Here are the eight factors that the Supreme Court of India has listed:

1. Status of the parties, social and financial
2. Reasonable needs of the wife and the dependent children
3. Parties individual qualifications and employment statuses
4. Independent income or assets owned by the applicant
5. Standard of life enjoyed by the wife in the matrimonial home
6. Any employment sacrifices made for the family responsibilities
7. Reasonable litigation costs for a non-working wife
8. Financial capacity of the husband, his income, maintenance obligations, and liabilities

The apex court however clarified that these factors must not be taken as a straight jacket formula' but a "guideline".

Citing a previous judgment in the alimony matter (Kiran Jyot Maini v Anish Pramod Patel), the Supreme Court noted that it was “necessary to ensure that the amount of permanent alimony should not penalise the husband but should be made with the aim of ensuring a decent standard of living for the wife."

Meanwhile, in a separate case, the Supreme Court noted Wednesday (Dec 11) that the laws against marital cruelty were increasingly being misused by women, saying the provisions can’t be used as a "personal tool to unleash vendetta".

The death of the UP techie has sparked a national outrage over the misuse of laws by women in dowry and alimony cases.

(With inputs from agencies)

Get help & support for suicide

If you or someone you know wants help for mental well-being, don’t hesitate to talk to a professional. You can contact local authorities and also encourage the person to contact a suicide prevention hotline using the information in the above link. WION is not associated with any of these organisations and does not make any recommendations.