Amid the ongoing debate surrounding the suicide of Bengaluru-based techie Atul Subhash, who had alleged harassment by his wife and in-laws over dowry charges, the Supreme Court has laid down an eight-point formula for deciding the alimony amount. The discussion alimony came back on the table after a 34-year-old techie, who worked for a private firm in Bengaluru, allegedly committed suicide alleging harassment by his wife and her family members who are from Jaunpur.
The Supreme Court bench of Justice Vikram Nath and Justice PV Varale, while deciding a divorce case on Tuesday and deciding on alimony amount, advised all the courts across the country to base their orders on the factors mentioned in the judgment.
The eight points are:
- Social and economic status of husband and wife
- Basic needs of wife and children in the future
- Qualification and employment of both parties
- Means of income and property
- Wife’s standard of living while living in in-laws’ house
- Has she left her job to take care of the family?
- Reasonable amount for legal battle for a wife who is not working
- What will be the husband’s financial status, earnings, and other responsibilities along with alimony.
In his suicide note, Subhash called for justice, stating, “Justice is Due” on every single page of the 24-page note. Subhash further described the instances that instigated him to take such a step.
What happened in SC
The Supreme Court flagged the ‘growing tendency to misuse’ laws protecting women from cruelty by their in-laws and said courts must exercise caution while deciding dowry harassment cases to prevent unnecessary harassment of innocent people. Delhi-based Senior Advocate Vikas Pahwa spoke on the Bengaluru techie suicide case citing possible misuse of Section 498 A of the Indian Penal Code and said that the case should be taken into serious consideration as it affects the social fabric of our society.
The senior advocate said that Section 498 A is being misused and has become a has become a ‘tool for extorting money.’
Speaking to ANI, Senior Advocate Vikas Pahwa said, “I think it’s a very serious matter. Being a criminal lawyer for now over three decades, I have seen how 498 A has been misused by our own people–legal fraternity, police machinery, and the disgruntled women who have filed cases. This incident has triggered the controversy and has brought the issue before the people of the country. It should be taken very seriously because the misuse of 498 A should be curbed because it affects the social fabric of our society.”
