Spousal support, also known as alimony, is a legal requirement for one partner to provide financial assistance to their spouse following a separation or divorce. The Supreme Court has recently issued guidelines that are required to be taken into consideration while deciding the permanent alimony amount. During the divorce proceedings of Praveen Kumar Jain and Anju Jain, the SC bench, including Justices Vikram Nath and Prasanna B Varale, directed Praveen Kumar Jain to pay Rs 5 crore in alimony to his wife. The court established an eight-point framework for calculating alimony in its ruling on Tuesday.
The court observed that the marriage had reached a point of irreparable breakdown according to the Hindu Marriage Act. The main focus of the court was to determine a fair amount of permanent alimony for the wife, as this was the primary issue that needed to be resolved.
The eight factors identified by the Supreme Court:
> The parties' social and financial standing
> The wife and dependent children's essential requirements
> Both parties' qualifications and job statuses
> The applicant's personal income or resources
> The lifestyle maintained by the wife while in the marital residence
> Career compromises for family obligations made by either party
> Legal costs for a non-employed wife
> The husband's financial capability, earnings, and current debts.
"In India, divorce was historically uncommon, with couples often choosing separation over legal dissolution. The introduction of the Hindu Marriage Act in 1956 formalized the concept of divorce, but the process can be lengthy and emotionally taxing, potentially lasting years or even decades if appeals are involved. This extended legal battle takes a significant toll on the mental health of both spouses and their families, particularly if child custody is disputed. Therefore, couples considering divorce should prioritize a mature and amicable approach, focusing on achieving a swift and respectful resolution. While financial concerns may arise, the long-term benefits of avoiding a protracted legal battle outweigh the short-term costs. By choosing a graceful divorce, couples can minimize the emotional damage and protect the well-being of themselves and their families," said Dinesh Jotwani, Co-managing Partner, Jotwani Associates.
The alignment of the Supreme Court's directives with the ruling in the Jain case happened at the same time as the widespread public outcry following the tragic passing of Atul Subhash, a 34-year-old engineer from Bengaluru. Subhash died due to suicide on December 9, leaving behind a video and a 24-page document in which he alleged that his wife, Nikita, and her family had subjected him to harassment.
How property, money and joint assets are divided in case of divorce and separation?
"In India, courts have established a legal principle that aims to maintain the same standard of living for both spouses after separation. If the wife has no income and cannot earn, the income and assets of husband should be divided equally. If children are involved, the parent with custody will receive more than a 50 percent share. Furthermore, the law allows for temporary maintenance during litigation, known as maintenance pendente lite. This maintenance is determined by factors such as the income and assets of each spouse, their education and earning potential, age, and custody of children. The court considers all these factors when deciding on the amount of maintenance to be given to a spouse," Jotwani added.