The Supreme Court has laid down an eight-point formula for deciding divorce and maintenance money amid ongoing debate surrounding the suicide of Bengaluru-based techie Atul Subhash, who had alleged harassment by his wife and in-laws.
Before he took the extreme step, Atul Subhash, a native of Bihar, recorded an 80-minute video in which he accused his estranged wife Nikita Singhania and her family of slapping multiple cases on him and his family to extort money from them. He also criticised the justice system in his 24-page suicide note.
The Supreme Court bench of Justice Vikram Nath and Justice PV Varale, while deciding a divorce case on Tuesday, advised all the courts across the country to base their orders on the criteria of these eight points.
The 8 points are:
* Social and economic status of husband and wife
* Basic needs of wife and children in future
* Qualification and employment of both the 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.
The factors, said the top court, do not form a simple formula but serve as guidelines while fixing permanent alimony
“It is also necessary to ensure that the amount of permanent alimony should not penalize the husband but should be made with the aim of ensuring a decent standard of living for the wife,” said the top court.
In another development earlier today, dismissing a dowry case against a man and his parents, a bench comprising Justices BV Nagarathna and N Kotiswar Singh observed that the provision is sometimes exploited as a tool for personal vendetta against the husband and his family.
The case of Atul Subhash has reignited a broader debate over the misuse of dowry laws in India. The Supreme Court has previously raised concerns about the growing trend of misusing Section 498A of the Indian Penal Code (IPC), which addresses cruelty by husbands and their relatives against married women.
In his suicide note, the Bengaluru techie called for justice, stating, “Justice is Due” on every single page of the 24-page note.
Atul and Nikita met on a matchmaking website and married in 2019. The couple became parents to a boy the following year.
Atul Subhash has alleged that his wife’s family would repeatedly demand money running into several lakhs. When he refused to give more money, his wife left the Bengaluru home with their son in 2021.
He further said that his wife and her family first demanded Rs 1 crore to settle the case, but later hiked this to Rs 3 crore.
