Supreme Court has just released 8 factors for determining the alimony amount, amid soaring debate going on about the tragic suicide of a Bengaluru man who claimed to be been harassed by his wife and in-laws for alimony.
Justice Vikram Nath and Justice PV Varale, while hearing a divorce case on Tuesday and deciding on alimony amount, advised courts across the country to congruent their orders on the factors mentioned in the judgment. The step comes in a scenario when the question is being asked about the misuse of alimony laws by women partners.
The Supreme Court while laying down these 8 factors also emphasized on the purpose they are expected to serve, the first and foremost being that not to take undue advantages of the laws which are favoring women; the emphasis on fairness and transparency being the second; the obligation of the earning partner(man) of providing alimony in the event the woman is not working, doesn’t have sufficient sources of income and in other such situations.
The suicide case: –
Atul Subhash, before suicide recorded an 80-min video, accusing his estranged wife Nikita Singhania, (whom he met at a matchmaking website and married in 2019) and her family of dropping multiple fake cases on him and his family to extort money from them. He also criticised the justice system in his 24-page suicide note. Each page of the note has a common phrase “Justice is Due”.
Atul in the video said, that his wife’s family would demand money repeatedly, running into several lakhs. When he refused to give more money, his wife left the him with their son in 2021.
He further said that his wife and her family first demanded ₹ 1 crore to settle the case, but later hiked this to ₹ 3 crore.
Beg, Borrow or Steal: –
There are certain instances where the laws which are made for benefitting the women can be used for greedy gains and extortions. It is a saying that men have to provide even in cases where he have to “Beg, borrow or steal”. In that case, the guidelines of supreme court can become a decisive cornerstone for such future cases.
The court also raised a serious question about the growing trend of misuse of Dowry Prohibition Act and Section 498A of the Indian Penal Code (IPC) and purposely harassment of man partner and his family in such situations.
The 8-Points mentioned by the apex court: –
- Social and economic status of husband and wife,
- Basic needs of wife and children in the future,
- Qualification and employment of both parties,
- Means of income and property,
- Wife’s standard of living while living in in-laws’ house,
- Has she left her job to take care of the family?
- Reasonable amount for legal battle for a wife who is not working,
- What will be the financial status of the husband, his earnings and other responsibilities along with alimony.
Questions on the 8 points: –
While the 8 points are yet to be looked through carefully, there are certain question marks on these points, according to Mrunalini Deshmukh, an eminent matrimonial lawyer, the point i.e. Wife’s standard of living while living in in-laws’ house, “is going to open a pandora’s box of litigation.” If the man resigns from his job or lost his job in that situation, he has to provide, but in the case of woman, she can leave her job and can ask for alimony from his male partner in the name, “to take care of the family.”
So, the question arises that can these determining factors be used as loopholes or they can serve the purpose they have made for.
