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The tragic case of Bengaluru techie Atul Subhash, who took his own life after being ordered to pay Rs 3 crore in alimony, has brought the issue of divorce settlements and alimony into the spotlight. Following this incident, the Supreme Court of India has reiterated its guidelines on determining alimony to ensure fairness and equity in divorce cases.
The Atul Subhash Case
Atul Subhash, a Bengaluru-based techie, faced significant financial strain due to a hefty alimony demand, which ultimately led to his unfortunate demise. His case has highlighted the emotional and financial turmoil that can result from divorce settlements, sparking a nationwide conversation on the need for clear and fair guidelines.
Supreme Court’s Eight-Point Formula for Alimony
In response to growing concerns, the Supreme Court has outlined an eight-point formula to guide the determination of alimony in divorce cases:
- Duration of Marriage: The length of the marriage is a critical factor in determining alimony. Longer marriages typically warrant higher alimony amounts.
- Age and Health: The age and health of both parties are considered to ensure that the needs of the dependent spouse are met.
- Income and Property: The income, assets, and financial status of both parties are assessed to determine a fair alimony amount.
- Financial Needs and Liabilities: The court evaluates the financial needs and liabilities of both spouses, including their standard of living during the marriage.
- Children’s Needs: If children are involved, their needs and expenses are a paramount consideration in alimony decisions.
- Contributions to Marriage: The contributions of each spouse, both financial and non-financial, are taken into account. This includes homemaking and caregiving roles.
- Conduct of Parties: The conduct of both parties during the marriage, including any instances of misconduct or abuse, may influence alimony determinations.
- Other Relevant Factors: Any other factors deemed relevant by the court, such as future earning potential and career sacrifices made during the marriage.
Public and Expert Reactions
The Supreme Court’s guidelines have been met with a mix of support and scrutiny. Legal experts and the general public alike have praised the comprehensive nature of the guidelines, while some have called for even more specific measures to prevent financial abuse in alimony claims.
Looking Ahead
As the legal community and society continue to grapple with the complexities of divorce settlements, the Supreme Court’s guidelines offer a structured approach to ensuring fairness and equity. The tragic case of Atul Subhash serves as a reminder of the profound impact financial disputes can have on individuals’ lives, underscoring the importance of clear and compassionate legal frameworks.