Bengaluru techie’s suicide: SC’s 8-point alimony criteria—standard of living, husband’s financial capacity, and more
The Supreme Court of India on Tuesday cautioned against the misuse of the cruelty law in marital dispute cases lodged by women. In another case, the SC also listed factors to fix permanent alimony amounts.
The Supreme Court of India on Wednesday, December 11, warned about the misuse of cruelty law in marital dispute cases lodged by women against their husbands. The warning comes amid outrage over the suicide of Bengaluru techie Atul Subhash, who allegedly faced harassment from his wife and in-laws.
According to media reports, the Supreme Court noted in a different case on the same issue that the cruelty law cannot be misused as a “personal tool to unleash vendetta.”
In a divorce case unrelated to the techie murder, the Supreme Court on Tuesday also outlined eight factors to consider when determining the amount of permanent alimony, reported Hindustan Times.
The bench headed by Justices BV Nagarathna and N Kotiswar Singh said, “Section 498(A) was introduced to stop the cruelty inflicted on a woman by her husband and his family through swift intervention by the state,” India Today reported.
Section 498(A) of the now-scrapped Indian Penal Code (IPC) involved dealing with offences of cruelty against women by their husbands and in-laws. The new penal code in the Bharatiya Nyaya Sanhita (BNS), Section 86, now deals with such crimes.
Under Section 86 of the BNS, the guilty can be imprisoned for three years or more and liable for a monetary fine.
“However, in recent years, there has been a notable rise in marital disputes across the country, accompanied by growing discord and tension within the institution of marriage. Consequently, there has been a growing tendency to misuse provisions like Section 498(A) as a tool for unleashing personal vendetta against the husband and his family by a wife,” noted the judges, cited in the news report.
The judges were deciding on the case of cruelty filed against a man and his family by his wife. As per the India Today report, Telangana High Court refused to dismiss the case.
The two-judge bench also said that making such “vague and generalised” claims could lead to a “misuse” of the legal process, besides encouraging the use of “arm-twisting tactics” by a wife and her kin, cited in the news report on Wednesday.
Eight factors to decide alimony amount
Meanwhile, in another marital dispute case, the Supreme Court outlined eight factors to consider when determining the amount of permanent alimony. A bench of Justices Vikram Nath and Prasanna B Varale listed out these criteria during a divorce settlement hearing on Tuesday, as reported by HT.
In this case, the court noted, under its jurisdiction under the Hindu Marriage Act, that the marital relationship was “irretrievably broken down,” but it determined that awarding permanent alimony to the wife was the only issue requiring consideration, Live Law reported.
While laying down the eight criteria, the Supreme Court emphasised that they should serve only as a “guideline” rather than a “straight jacket formula,” reported HT.
-Social and financial status of the parties
-Reasonable needs of the wife and the dependent children
-Individual qualifications and employment statuses of the parties involved
-Independent income or assets owned by the applicant
-Standard of living enjoyed by the wife in the marital home
-Any employment sacrifices made for family responsibilities
-Reasonable litigation costs for non-working wife
-Financial capacity of the husband, including his income, maintenance obligations, and liabilities
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Business NewsNewsIndiaBengaluru techie’s suicide: SC’s 8-point alimony criteria—standard of living, husband’s financial capacity, and more
First Published:11 Dec 2024, 02:34 PM IST
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