{"id":193545,"date":"2024-12-12T06:07:23","date_gmt":"2024-12-12T06:07:23","guid":{"rendered":"https:\/\/news.talkwithrattan.com\/index.php\/2024\/12\/12\/bengaluru-techies-suicide-case-spurs-supreme-court-to-outline-alimony-guidelines-heres-what-it-said\/"},"modified":"2024-12-12T06:07:23","modified_gmt":"2024-12-12T06:07:23","slug":"bengaluru-techies-suicide-case-spurs-supreme-court-to-outline-alimony-guidelines-heres-what-it-said","status":"publish","type":"post","link":"https:\/\/news.talkwithrattan.com\/index.php\/2024\/12\/12\/bengaluru-techies-suicide-case-spurs-supreme-court-to-outline-alimony-guidelines-heres-what-it-said\/","title":{"rendered":"Bengaluru techie&#8217;s suicide case spurs Supreme Court to outline alimony guidelines; Here&#8217;s what it said"},"content":{"rendered":"<div style=\"text-align:center\"><img loading=\"lazy\" decoding=\"async\" width=\"600\" height=\"450\" src=\"https:\/\/i2.wp.com\/img.etimg.com\/photo\/msid-116233001,imgsize-6552.cms?resize=600,450&amp;ssl=1\" class=\"attachment-post-thumbnail size-post-thumbnail wp-post-image\" alt=\"Bengaluru techie&#8217;s suicide case spurs Supreme Court to outline alimony guidelines; Here&#8217;s what it said\" title=\"Bengaluru techie&#8217;s suicide case spurs Supreme Court to outline alimony guidelines; Here&#8217;s what it said\" \/><\/div>\n<div data-brcount=\"31\">The Supreme Court has issued detailed guidelines for courts across the country to consider while deciding <a ref=\"dofollow\" data-ga-onclick=\"Inarticle articleshow link click#News#href\" href=\"https:\/\/economictimes.indiatimes.com\/topic\/alimony-in-divorce-cases\" target=\"_blank\" rel=\"noopener\">alimony in divorce cases<\/a>. In a landmark decision, a bench of Justices Vikram Nath and Prasanna V. Varale laid down eight criteria to serve as a reference point.<\/p>\n<p><!--\/article_liveblog.cms?msid=105115637&pos=toppotime:1-->The court highlighted that the framework should ensure fairness, stating, \u201cIt is necessary to ensure that the amount of permanent alimony should not penalise the husband but should aim at ensuring a decent standard of living for the wife.\u201d<\/p>\n<p><\/p>\n<h2>The eight factors include:<\/h2>\n<ul>\n<li>Social and economic status of the husband and wife.<\/li>\n<li>Basic future needs of the wife and children.<\/li>\n<li>Educational qualifications and employment status of both spouses.<\/li>\n<li>Income sources and property owned by each party.<\/li>\n<li>The wife\u2019s standard of living during her time at the in-laws\u2019 home.<\/li>\n<li>Whether the wife left her job to take care of family responsibilities.<\/li>\n<li>Legal costs for a wife without independent income.<\/li>\n<\/ul>\n<p>The financial status, income, and obligations of the husband, including maintenance payments.<br \/>These factors aim to strike a balance, ensuring fair treatment for both spouses while providing for the children\u2019s welfare.<\/p>\n<p>This ruling comes amid heightened debate over the <a ref=\"dofollow\" data-ga-onclick=\"Inarticle articleshow link click#News#href\" href=\"https:\/\/economictimes.indiatimes.com\/topic\/misuse-of-dowry-laws\" target=\"_blank\" rel=\"noopener\">misuse of dowry laws<\/a> following the death of Bengaluru-based techie Atul Subhash. On December 9, Subhash, aged 34, died by suicide in his Bengaluru apartment, leaving behind an 80-minute video and a 24-page note. In these, he accused his wife, Nikita Singhania, and her family of harassment and extortion through false legal cases.<\/p>\n<p><!--\/include_growfast.cms?pagename=article&skipcss=1potime:2--><br \/>Subhash, originally from Bihar, married Nikita in 2019 after meeting on a matchmaking platform. The couple had a son in 2020. However, the relationship deteriorated, and in 2021, Nikita left their home with the child. Subhash alleged that his in-laws repeatedly demanded money, initially \u20b91 crore, later increasing to \u20b93 crore, to settle disputes.The note revealed Subhash\u2019s grievances with the legal system, repeatedly stating, \u201cJustice is due.\u201d He accused Nikita and her family of filing false cases, including allegations of unnatural sex and murder, while engaging in prolonged legal battles in family courts in Uttar Pradesh.Bikas Kumar, Atul\u2019s brother, has spoken publicly about the harassment faced by his brother. He stated, \u201cThe family of Atul\u2019s wife was demanding \u20b93 crore for a settlement. The unreasonable demand of \u20b93 crore was acute mental harassment.\u201d<\/p>\n<p>Recounting courtroom incidents, Bikas said, \u201cThe wife made demands for money in front of the judge and told Atul that if he was not able to give the money, why doesn\u2019t he end his life? The judge was laughing in the court over this statement. Is this not torture? Is this not mental harassment?\u201d<\/p>\n<p>He added, \u201cMy brother has sacrificed his life. He had written everywhere \u2018Justice is Due.\u2019 I want justice at any cost. My brother had sent email messages to the President of India, the <a ref=\"dofollow\" data-ga-onclick=\"Inarticle articleshow link click#News#href\" href=\"https:\/\/economictimes.indiatimes.com\/topic\/supreme-court-of-india\" target=\"_blank\" rel=\"noopener\">Supreme Court of India<\/a>. I expect them to change the law so that men will get some rights.\u201d<\/p>\n<p>Bikas called for legal reforms, stating, \u201cNot all men are culprits. Let them also get some legal immunity to present their case and prove that they are right.\u201d<\/p>\n<p>The Supreme Court has previously voiced apprehension about the misuse of Section 498A of the Indian Penal Code, which addresses cruelty by a husband or his relatives against a married woman. In another ruling this week, Justices BV Nagarathna and N Kotiswar Singh dismissed a dowry harassment case, observing that the provision is sometimes exploited as a weapon for personal vendetta.<\/p>\n<p>Referring to such misuse, the bench noted, \u201cWhile the law aims to protect women from abuse, it is also essential to ensure it is not weaponised unjustly against the husband or his family.\u201d<\/p>\n<p>Atul Subhash\u2019s death has reignited discussions about gender-based legal protections and their potential for abuse. His case echoes the Supreme Court\u2019s earlier observations about the need for balance in addressing matrimonial disputes.<\/p>\n<p>The new alimony framework emphasises sustainable and non-punitive financial support for the wife, factoring in both parties\u2019 circumstances. By addressing misuse concerns and offering structured guidance, the judiciary seeks to reinforce fairness in family law proceedings while maintaining protections for vulnerable individuals.<\/p>\n<p><!--\/article_liveblog.cms?msid=105115637&pos=botpotime:1--><\/div>\n<p><br \/>\n<br \/><a href=\"https:\/\/economictimes.indiatimes.com\/news\/india\/bengaluru-techies-suicide-case-spurs-supreme-court-to-outline-alimony-guidelines-heres-what-it-said\/articleshow\/116233001.cms\">Source link <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The Supreme Court has issued detailed guidelines for courts across the country to consider while deciding alimony in divorce cases. In a landmark decision, a bench of Justices Vikram Nath and Prasanna V. Varale laid down eight criteria to serve as a reference point. The court highlighted that the framework should ensure fairness, stating, \u201cIt [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":193546,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"tdm_status":"","tdm_grid_status":"","fifu_image_url":"https:\/\/img.etimg.com\/photo\/msid-116233001,imgsize-6552.cms","fifu_image_alt":"","footnotes":""},"categories":[602],"tags":[151654,151648,151151,3849,151006,1287,1625,151651,151652,8108,671,151649,145479,151653,151650,24069,6987,1624,151647,15961,19082],"amp_enabled":true,"_links":{"self":[{"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/posts\/193545"}],"collection":[{"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/comments?post=193545"}],"version-history":[{"count":1,"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/posts\/193545\/revisions"}],"predecessor-version":[{"id":193547,"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/posts\/193545\/revisions\/193547"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/media\/193546"}],"wp:attachment":[{"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/media?parent=193545"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/categories?post=193545"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/tags?post=193545"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}