SC on Divorce: Permanent Alimony Not for Personal Vendetta; Lays Down 8 Factors to Consider

Eight considerations have been established by the Supreme Court that must be taken into account while determining the amount of permanent alimony.

In the midst of the continuing controversy surrounding the death of a techie from Bengaluru who claimed that his wife and in-laws had harassed and extorted him, the top court issued its order.

SC’s Order on Permanent Alimony Amount 

During Tuesday's hearing of a divorce settlement case, a bench consisting of Justices Vikram Nath and Prasanna B. Varale outlined the eight-point formula.

As per the report published by Live Law, although the court determined that every aspect of the couple's marriage was "irretrievably broken down" in this instance in accordance with the Hindu Marriage Act's jurisdiction, it concluded that the wife's request for lifelong alimony was the only issue that needed to be taken into account.

8 Factors Laid Down by SC 

The Supreme Court has outlined eight factors to consider when deciding permanent alimony:

1. The social and financial status of both parties.
2. The wife's and dependent children's reasonable needs.
3. The qualifications and employment status of each party.
4. Any independent income or assets the applicant may have.
5. The standard of living the wife enjoyed in the matrimonial home.
6. Employment opportunities or career sacrifices made by the wife for family responsibilities.
7. Reasonable legal expenses for a non-working wife.
8. The husband's financial capacity, including his income, existing maintenance obligations, and liabilities.

However, the top court pointed out that these criteria are merely a "guideline" for determining permanent alimony rather than a "straight jacket formula."

Permanent Alimony: Not a Tool for Personal Vendetta

Amidst the fury surrounding the techie's suicide in Bengaluru, the Supreme Court issued a warning in a different case against the abuse of the cruelty legislation in cases involving marital disputes that women brought against their spouses.

According to the Supreme Court, the cruelty statute cannot be abused as a "personal tool to unleash vendetta." 

Referring to one of its earlier rulings (Kiran Jyot Maini v. Anish Pramod Patel), the top court bench stated, "As we held in Kiran Jyot Maine, it is also essential to make sure that the amount of permanent alimony is determined with the intention of providing the wife with a respectable standard of living rather than punishing the husband."

SC Issues Warning 

Notably, the Supreme Court cautioned against the abuse of the cruelty statute in cases involving marital disputes brought by women against their husbands, amid the outcry over the techie's suicide in Bengaluru.

According to the top court, a "personal tool to unleash vendetta" is not permitted under the cruelty statute.