After Bengaluru Techie’s Death, SC Lays Down 8 Factors For Deciding Alimony Amount

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The tragic case of Bengaluru-based techie Atul Subhash, who ended his life citing alleged harassment by his wife and in-laws, has reignited discussions about the misuse of dowry laws in India. His death, marked by an 80-minute video and a 24-page suicide note that repeatedly stated "Justice is Due," has shaken the nation and prompted fresh scrutiny of both dowry laws and alimony frameworks.

Supreme Court’s Eight-Point Alimony Guidelines

In a landmark judgment, the Supreme Court laid out an eight-point framework to guide courts in determining permanent alimony. While hearing a divorce case, a bench comprising Justice Vikram Nath and Justice PV Varale advised courts to factor in:

1. Social and economic status of both husband and wife.
2. Basic needs of the wife and children for the future.
3. Qualifications and employment status of both parties.
4. Income, property, and financial means of both individuals.
5. The wife's standard of living during her marriage.
6. Whether the wife sacrificed her career for family responsibilities.
7. Legal costs for a non-working wife.
8. The husband’s financial responsibilities and capacity to pay alimony.

"The objective should be to ensure a decent standard of living for the wife without penalizing the husband disproportionately," said the Supreme Court.

In a related judgment, a Supreme Court bench of Justices BV Nagarathna and N Kotiswar Singh dismissed a dowry harassment case, stating that Section 498A of the IPC is often exploited as a weapon for personal vendettas. "The misuse of dowry laws has undermined their original intent, which was to protect women from cruelty," the bench observed.

This perspective has gained prominence following Subhash's allegations that his estranged wife, Nikita Singhania, and her family used the dowry law to extort money.

Atul Subhash, originally from Bihar, married Nikita in 2019 after meeting her on a matchmaking website. The couple welcomed a son in 2020, but cracks in their relationship began to surface soon after.

According to Subhash’s allegations, his in-laws demanded exorbitant sums of money, running into lakhs. When he refused, his wife left their Bengaluru home in 2021, taking their son with her. He claimed the demands escalated from ₹1 crore to ₹3 crore as a settlement amount.

In his 80-minute video and suicide note, Subhash detailed the harassment and legal troubles he faced, accusing his wife’s family of filing multiple cases against him and his parents to coerce them into paying. He expressed deep disappointment with the judicial system, which he felt had failed him.

Subhash’s case has revived conversations about the need for reforms in India’s dowry and alimony laws. Critics argue that while Section 498A is essential for safeguarding women, it must be implemented with checks to prevent misuse.