While hearing the divorce case of a couple, Praveen Kumar Jain and Anju Jain, the Supreme Court on Wednesday laid down a number of conditions and factors.
That should be considered by all courts across the country to base their orders on the criteria for alimony. A bench of Justice Vikram Nath and Justice Prasanna V Varale, who ordered Praveen Kumar Jain to pay Rs 5 crore as alimony to his wife, laid down an eight-point formula before deciding the amount as maintenance for the woman after divorce.
THE EIGHT-POINT FORMULA FOR DECIDING ALIMONY
The alimony shall be decided after divorce considering:
Social and economic status of the husband and the wife
Basic needs of the wife and children in the future
Qualification and employment of both parties
Sources of income and assets
The standard of living of the wife while living at her 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 the maintenance allowance
PRAVEEN KUMAR JAIN-ANJU JAIN DIVORCE CASE
The bench, while pronouncing the verdict in the Praveen Kumar Jain-Anju Jain divorce case, emphasised the need for the to make a provision of Rs 1 crore for the maintenance and financial security of his adult son.
The couple lived together for six years after marriage and spent the next 20 years living separately. Allegations of incompatibility and strained relations had marked their marriage.
Praveen alleged that Anju was hypersensitive and that she used to treat his family with indifference.
On the other hand, Anju had alleged that Praveen’s behaviour was not good towards her. Living separately for such a long time, the couple had no opportunity to fulfil their marital obligations.
In view of this, the court believed that the meaning, attachment and relationship of marriage had completely broken down in their case. The court then approved the divorce, specifying the conditions.
The alimony order in Praveen Kumar Jain-Anju Jain divorce case and the laying down of the eight factors came amid the public outcry over Bengaluru techie Atul Subhash’s suicide, who allegedly took the extreme step, accusing his estranged wife and her family of harassment.
Subhash, a 34-year-old Bengaluru engineer, died by suicide on Decmber 9, and left behind a 1.5 hour video and a 24-page note levelling the accusations against his wife and in-laws in a note he left behind.
Subhash, a native of Uttar Pradesh, was found dead in his Bengaluru apartment. He accused his wife Nikita of filing false cases against him, with claims of dowry demands, unnatural sex, and murder, as per the note found by police.
The note described Subhash’s years-long struggle, which involved legal disputes in a family court in Jaunpur, Uttar Pradesh. It also mentioned Nikita’s demands for high maintenance payments and her behaviour during court proceedings.