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SC lays down factors for deciding alimony: The echo of the suicide of a Bengaluru IT engineer due to harassment by his wife has resonated across the country. Atul Subhash, a resident of Jaunpur, committed suicide accusing his wife and her family of harassment. This incident shocked the entire country and now there is a debate whether the Family Court is actually doing justice in the matter of divorce and giving alimony to the wife. Amidst this debate, the Supreme Court has laid down several conditions and factors while deciding the alimony amount in divorce cases. The apex court has advised all courts to follow the guidelines.

Order to pay 5 crore rupees as alimony

The court was hearing the divorce case of a couple Praveen Kumar Jain and Anju Jain. A bench of Justice Vikram Nath and Justice Prasanna V Varale ordered Praveen Kumar Jain to pay Rs 5 crore as alimony to his wife. The court suggested an eight-point formula for deciding alimony. The alimony after divorce will be decided keeping these facts in mind.

The court decided 8 factors

  1. Social and economic status of husband and wife
  2. Basic needs of wife and children in the future
  3. Qualification and employment of both parties
  4. Sources of income and assets
  5. Wife's standard of living while living with her in-laws
  6. Has she quit her job to take care of the family?
  7. Reasonable amount for a legal battle for a non-working wife
  8. What will be the financial condition of the husband, his earnings, and other responsibilities along with maintenance allowance?

20 years apart

The bench, while passing judgment in the Praveen Kumar Jain-Anju Jain divorce case, stressed the need to make a provision of Rs 1 crore for the maintenance and financial security of their adult son. After marriage, the couple lived together for six years and spent the next 20 years living separately. Strained relations affected their marriage. Praveen alleged that Anju was overprotective and treated his family with indifference.

On the other hand, Anju alleged that Praveen's behavior towards her was not good. Due to living separately for such a long time, the couple did not get any opportunity to fulfill their marital obligations. In view of this, the court believed that in their case the meaning of marriage, attachment, and relationship had completely broken down. After this, the court approved the divorce by stating the conditions.

Debate started after Atul Subhash's suicide

The order of alimony and determination of eight factors in the Praveen Kumar Jain-Anju Jain divorce case has come amid the debate sparked after the suicide of Bengaluru IT engineer Atul Subhash. 34-year-old Bengaluru engineer Subhash committed suicide on December 9. Before committing suicide, Atul recorded a 1.5-hour video and left a 24-page suicide note, in which he made allegations of harassment against his wife and in-laws. Apart from this, Atul also questioned the existing system and judicial system.

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