SUPREME COURT REITERATED ITS OWN RULES AND GUIDELINES FOR ALIMONY
Category: Civil Law
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INTRODUCTION
Supreme Court on December 10th 2024, formally supported and endorsed its old guidelines with respect to determining the Alimony, the bench of Hon’ble Justice Vikram Nath and Justice Prasanna Varale while dealing with a maintenance case of an estranged couple who were living separately for 20 years. In this case the husband moved to the family court for divorce on the ground of cruelty. And soon after the wife moved for maintenance which was increased from time to time.
And the husband challenged the order passed by the Delhi High Court in which the High Court dismissed his plea against the 2018 order of family court in which family court asked him to pay Rupees 1,15,000 and not only that the High Court also increased the maintenance to Rupees 1,45,000, well the couple agreed to settle their dispute amicably instead of delaying the proceedings, but the Supreme Court proceeded to dissolve their marriage under Article 142 of Indian Constitution, knowing that they are staying separately for almost over two decades. While hearing this matrimonial matter the Court also supported and again stated their old guidelines on maintenance or the Alimony, and whatever court pointed out was nothing new but the same old guidelines which they have from time to time mentioned regarding the question of alimony.
BACKGROUND
Recently the suicide of Bengaluru techie Atul Subhash is in the news and the reason behind his suicide was related to the matrimonial laws, it is said that he was harassed by his estranged wife and in laws, and the media is playing this news with full focus, and they are also telecasting and breaking how the laws are in favor of women. And all this while the Supreme Court recently in its 10th December judgement related to alimony summarized its old judgements which the apex court has already been held at various occasions in the past. Supreme Court mentioned its 2020 landmark ruling of Rajesh vs Neha, in which the apex court had laid down guidelines for determining the permanent alimony, the bench also reiterated its verdict of its Kiran Jyoti Maini vs Anish Pramod Patel, July 2024 case.
KEY POINTS
Supreme Court made it clear that the old guidelines and rules related to alimony is still valid and there are no new rules as such and court should follow the same while dealing with maintenance cases.
Supreme Court summarized its own judgements what they has been held before on various occasions.
The Apex Court said if the marriage is dissolved the only the option of permanent alimony is available to the partner.
Court also considered its old judgements laying down fair, a just, and reasonable amount of permanent alimony.
Supreme Court also mentioned that there cannot be a strict guideline or a fixed amount of permanent alimony.
The subject to alimony is subjective to each case and it is depended on various factors like income of both the parties, conduct during their marriage affairs, their social and financial status, personal expenses, quality of life and other circumstances.
Supreme Court also made it clear that the couple needs to file affidavits disclosing their assets and liabilities in alimony matters.
And other factors such as age of parties, employment of parties, right to residence, where the wife is earning some income, maintenance of children, serious disability or ill health of parties.
The Supreme Court also noted down the guidelines of Delhi High Court in Bharat Hegde vs Saroj Hegde 2007 along with Kiran Jyot Maini vs Anish Promod Patel case of 2024.
CONCLUSION
Supreme Court guidelines while delivering and looking into the 10th December alimony matter was nothing new and whatever Court held was already in picture and Apex Court just again pointed out the same rules regarding the alimony and maintenance, and all these guidelines are in place for so long, and bench reiterated the same, well the court again made it clear that these are just guidelines and there can not be any fixed formula for granting the alimony and various factors are to be looked at depending on the cases.
