Amid Debate Over Atul Subhash Suicide Case, SC Prescribes 8 Factors To Decide Permanent Alimony

As Atul Subhash suicide case attracts national attention, the Supreme Court of India had given an 8-point formula to decide how much permanent alimony is to be provided to a woman by her husband in case of a divorce. The top court in the country was hearing a case of a couple which had separated decades ago and directed the man to pay Rs 5 crore to the woman as permanent alimony.

The Supreme Court said that the 8-points did not form a 'straight jacket formula' but comprised the aspects which needed to be considered while deciding permanent alimony amount.

The couple which the case was related to were living separately for around two decades after a marriage of six years. After due deliberations and consideration of all factors involved in the case, the court directed the man to pay Rs 5 crore as permanent alimony to the woman. The court has also directed the man to pay Rs 1 crore for the couple's son.

The Supreme Court said that following points need to be considered while deciding permanent alimony.

"i. Status of the parties, social and financial.

ii. Reasonable needs of the wife and the dependent children.

iii. Parties' individual qualifications and employment statuses.

iv. Independent income or assets owned by the applicant.

v. Standard of life enjoyed by the wife in the matrimonial home.

vi. Any employment sacrifices made for the family responsibilities.

vii. Reasonable litigation costs for a non-working wife.

viii. Financial capacity of the husband, his income, maintenance obligations, and liabilities."

The court mentioned these points as it gave verdict in the permanent alimony case on Tuesday (December 10).