The Supreme Court has released criteria that must be taken into account while determining the amount of permanent alimony.
The Supreme Court panel, which included Justices Vikram Nath and Prasanna B. Varale, ordered Praveen Kumar Jain to pay his wife Rs 5 crore in alimony during the divorce proceedings between him and Anju Jain. In its decision on Tuesday, the court developed an eight-point framework for determining alimony.
According to the Hindu Marriage Act, the court noted that the marriage had irreparably broken down. Since determining a fair amount of permanent alimony for the wife was the key problem that needed to be settled, the court’s primary focus was on this matter.
The eight factors identified by the Supreme Court:
- The parties’ social and financial status
- The wife and dependent children’s vital needs
- Both sides’ credentials and work statuses.
- The applicant’s personal earnings or resources
- The lifestyle maintained by the woman while in the marital home
- Career concessions made by either party to meet family commitments
- Legal fees for a non-working wife
- The husband’s financial situation, wages, and outstanding obligations.
“In India, divorce was historically uncommon, with couples often choosing separation over legal dissolution. The introduction of the Hindu Marriage Act in 1956 formalized the concept of divorce, but the process can be lengthy and emotionally taxing, potentially lasting years or even decades if appeals are involved. This extended legal battle takes a significant toll on the mental health of both spouses and their families, particularly if child custody is disputed. Therefore, couples considering divorce should prioritize a mature and amicable approach, focusing on achieving a swift and respectful resolution. While financial concerns may arise, the long-term benefits of avoiding a protracted legal battle outweigh the short-term costs. By choosing a graceful divorce, couples can minimize the emotional damage and protect the well-being of themselves and their families,” said Dinesh Jotwani, Co-managing Partner, Jotwani Associates.
Atul Subhash, a 34-year-old Bengaluru engineer, died tragically. The verdict in the Jain case coincided with the Supreme Court’s orders being in line with the court’s decision. On December 9, Subhash committed himself, leaving behind a 24-page statement and a video in which he claimed that he had been harassed by his wife, Nikita, and her relatives.
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