The Supreme Court of India has outlined eight key factors to be considered when determining the amount of permanent alimony during divorce settlement cases. This decision comes amid a heated national debate surrounding alimony, allegations of harassment, and extortion by wives and in-laws, sparked by the recent suicide of a tech professional from Uttar Pradesh who accused his wife and her family of extortion.
The bench, consisting of Justices Vikram Nath and Prasanna V Varale, introduced this new formula as a guiding framework for courts across the country when addressing alimony amounts in divorce proceedings.
The eight factors specified by the Supreme Court include:
- The social and financial status of both parties
- The reasonable needs of the wife and dependent children
- The individual qualifications and employment statuses of both parties
- Any independent income or assets owned by the applicant
- The standard of living enjoyed by the wife in the matrimonial home
- Employment sacrifices made for family responsibilities
- Reasonable litigation costs for a non-working wife
- The financial capacity of the husband, including his income, maintenance obligations, and liabilities
The apex court emphasized that these factors should not be viewed as a rigid formula but rather as guidelines for judges to consider.
Referencing a prior judgment (Kiran Jyot Maini v Anish Pramod Patel), the Supreme Court asserted that the aim of permanent alimony should be to ensure a decent standard of living for the wife, rather than penalizing the husband.
In a separate case, the Supreme Court also noted concerns regarding the potential misuse of laws against marital cruelty, stating that these provisions should not be wielded as “personal tools to unleash vendetta.” The tragic death of the techie has ignited national outrage over the alleged misuse of laws related to dowry and alimony cases.
