In the midst of national outrage over the suicide of techie Atul Subhash, who was based in Bengaluru, who was allegedly mentally distressed due to marital issues with numerous court cases filed against him by his wife, the Supreme Court of India has provided a list of eight factors that must be taken into consideration when determining the amount of permanent alimony.

The Supreme Court imposed these directions during Praveen Kumar Jain and Anju Jain's divorce proceedings. According to the Hindu Marriage Act, the Apex Court ruled in this case that the couple's marriage had irretrievably failed and that the only issue that needed to be taken into consideration was giving the woman perpetual alimony.

Praveen Kumar Jain was ordered by a bench consisting of Justices Vikram Nath and Prasanna V. Varale to pay Rs. 5 crore in alimony. The bench proposed an eight-point formula throughout the case's proceedings to determine how much money should be paid in maintenance following a divorce.

The eight points so mentioned are:

• Parties' financial and social standing
• Reasonable requirements for the wife and any dependent children
• The parties' individual credentials and job situations
• Self-sufficient income and jointly owned assets
• The quality of life that the lady enjoyed in her married household
• Any type of sacrifice done at work to fulfill obligations to one's family
• Reasonable court fees for a woman who doesn't work
• The husband's financial stability, including his earnings, maintenance commitments, and liabilities

The Apex Court noted one of the earlier rulings in the case of Kiran Jyoti v. Anish Pramod Patel, noting that, as was decided in Kiran Jyot Maine, it is also vital to make sure that the amount of permanent alimony is determined with the intention of providing the wife with a respectable standard of living rather than punishing the husband.

As previously reported, the Supreme Court provided an explanation of the guidelines in the midst of the nationwide outcry over techie Atul Subhash suicide in Bengaluru. However, the Apex Court also noted that these rules are only recommendations for determining permanent alimony and are not a "straight jacket formula."

For additional updates on the subject, you can also get in touch with our attorneys at Sharks of Law if you would want free legal assistance or online legal counsel on issues pertaining to dowry cases, cruelty in marriage, divorce, child custody, maintenance, etc.

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