SC Lists 8 Factors For Alimony Amid Bengaluru Techie Suicide Outrage

After widespread outrage over the suicide of Bengaluru techie Atul Subhash, the Supreme Court on Wednesday identified eight factors to guide decisions on permanent alimony.

A bench comprising Justices Vikram Nath and Prasanna B Varale provided the eight-point framework while deliberating on a divorce case. The court emphasized that under the jurisdiction of the Hindu Marriage Act, the marriage between the couple in question had "irretrievably broken down," leaving the grant of permanent alimony to the wife as the only matter requiring consideration, as reported by Live Law.

The apex court clarified that these factors should serve as "guidelines" rather than a "straight jacket formula" for determining alimony. Referring to the precedent set in Kiran Jyot Maini v. Anish Pramod Patel, the bench noted, "As held by us in Kiran Jyot Maini, 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."

The Eight Factors Highlighted by the Supreme Court

• The social and financial status of the parties.
• The reasonable needs of the wife and dependent children.
• The individual qualifications and employment status of the parties.
• Independent income or assets owned by the applicant.
• The standard of living enjoyed by the wife in the matrimonial home.
• Employment sacrifices made by the wife for family responsibilities.
• Reasonable litigation costs for a non-working wife.
• The financial capacity of the husband, including his income, maintenance obligations, and liabilities.

Details of Atul Subhash’s Suicide Case

Atul Subhash, a 34-year-old Bengaluru techie, took his own life after reportedly enduring harassment and false cases filed against him by his wife and her family. Media reports suggest that Atul meticulously planned his death over several months, creating a detailed checklist that he marked off task by task.

Atul left behind a 24-page suicide note and a 90-minute video, which he shared as evidence. The materials included a printout of his checklist pasted on a wall alongside a paper with the words "Justice is Due."

An FIR has been registered against four individuals, including Atul’s wife Nikita Singhania, her mother Nisha Singhania, her brother Anurag Singhania, and her uncle Sushil Singhania. They have been accused of harassment, extortion, and corruption. The FIR, filed by Atul’s brother, invokes Section 108 (abetment of suicide) and Section 3(5) (common intention in criminal liability) of the BNS.

Denial of Allegations by Nikita’s Family

Sushil Singhania, Nikita's uncle, dismissed the allegations made by Atul as "baseless." Speaking on the matter, he stated, "Subhash's allegations are baseless… Nikita is out… will answer all the questions once she's back… I live in a separate house… and not dealing this case… they (Nikita's family) only do it."

He further added, "This is a three-year-old case…. it's in the court and judge's decision will be final… our family is not responsible for this."

Nikita, who is currently unavailable for comment, is expected to address the accusations upon her return.

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