The heartbreaking case of Atul Subhash, who took his own life amid a prolonged legal battle involving divorce and alimony, has shed light on the painful realities faced by individuals caught in similar disputes. Public opinion remains divided on the circumstances surrounding his tragic decision, but it has once again highlighted the emotional and financial challenges individuals face during divorce proceedings, particularly when it comes to deciding alimony amounts.
In a related matter, the Supreme Court of India has issued a significant ruling on alimony in a case involving a banker, his wife, and their son. This ruling outlines eight key factors that courts will use to determine alimony amounts in future cases, offering a new framework for addressing financial settlements in divorce cases.
The case dates back to 1998, when the banker married and later separated in 2004. For 20 years, he found himself trapped in a series of legal battles across family courts, high courts, and the Supreme Court. The dispute began when the banker filed for divorce on grounds of cruelty, while his wife sought increased alimony. She argued that the initial alimony amount was insufficient to support her and their minor child.
Although the banker, now the CEO of a Dubai-based bank, complied with court orders to increase the alimony, the situation became contentious when his wife demanded even more. Her reliance on Section 26 of the Hindu Marriage Act, which allows maintenance for children, led to a legal question regarding whether this provision applied to their adult son, who had recently completed his B.Tech.
The Supreme Court analyzed the case, considering existing laws, and laid out the eight factors that will now guide future alimony decisions, offering some clarity and much-needed direction for those navigating similar legal challenges.