Supreme Court Issues Eight-Point Alimony Guidelines Amid Bengaluru Techie Suicide Controversy

Bengaluru: The Supreme Court of India has introduced an eight-point framework to guide the determination of alimony amounts in divorce cases involving Hindu couples. This development comes in the wake of the tragic suicide of Bengaluru-based techie Atul Subhash, allegedly driven to the act due to harassment from his estranged wife and in-laws.

Before his death, Subhash recorded an 80-minute video in which he accused his wife, Nikita Singhania, and her family of extortion and harassment. He also left behind a 24-page suicide note, expressing his disillusionment with the justice system.

A Supreme Court bench comprising Justices Vikram Nath and Prasanna B Varale outlined the following eight factors to be considered when determining permanent alimony:

1. Social and financial status of the parties
2. Reasonable needs of the wife and dependent children
3. Individual qualifications and employment statuses of both parties
4. Independent income or assets owned by the applicant
5. Standard of living enjoyed by the wife in the matrimonial home
6. Employment sacrifices made by the wife for family responsibilities
7. Reasonable litigation costs for a non-working wife
8. Financial capacity, income, maintenance obligations, and liabilities of the husband

While the top court recommended that lower courts follow these guidelines, it emphasized that the factors should not be seen as a "straitjacket formula" but rather as a flexible framework to ensure a fair determination of alimony. The court noted that the amount should not penalize the husband but should ensure a decent standard of living for the wife.

Police Investigation Underway

Following Subhash’s death, his brother, Bikas Kumar, filed a complaint at the Marathahalli police station. An FIR has been registered under Sections 108 (Abetment of suicide) and 3(5) (Common intention to commit a criminal act) of the Bharatiya Nyaya Sanhita (BNS). The FIR names four accused: Subhash’s estranged wife Nikita Singhania, her mother Nisha Singhania, her brother Anurag Singhania, and her uncle Sushil Singhania.

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According to the FIR, the accused had allegedly filed multiple false cases against Subhash and demanded a settlement of ₹3 crore. The FIR also claims that Nikita Singhania demanded ₹30 lakh to allow Subhash to meet his son. Reports indicate that Subhash faced mounting marital issues due to the numerous cases filed against him in Uttar Pradesh, a subject he reportedly discussed in the video he recorded before his death.

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Police sources revealed that prior to taking his own life, Subhash shared his 24-page suicide note with members of an NGO via a WhatsApp group and also sent it to several other individuals via email. The police are expected to issue notices summoning the accused for investigation.

This case has reignited debates surrounding the misuse of matrimonial laws and the mental health challenges faced by individuals embroiled in protracted legal battles. The Supreme Court’s new guidelines aim to provide clarity and fairness in alimony decisions while striving to balance the rights and responsibilities of both spouses.

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