The Supreme Court has released criteria that must be taken into account while determining the amount of permanent alimony. The Supreme Court panel, which included Justices Vikram Nath and Prasanna B. Varale, ordered Praveen Kumar Jain to pay his wife Rs 5 crore in alimony during the divorce proceedings between him and Anju Jain. In its decision on Tuesday, the court developed an eight-point framework for determining alimony.

According to the Hindu Marriage Act, the court noted that the marriage had irreparably broken down. Since determining a fair amount of permanent alimony for the wife was the key issue that needed to be settled, the court’s primary focus was on this matter.

The Supreme Court determined the following eight factors:

• Social and economic status of the parties
• Essential needs of the wife and dependent children
• Qualifications and employment statuses of both parties
• Personal income or resources of the applicant
• The lifestyle maintained by the wife while residing in the marital residence
• Compromises made by either party in their career for family responsibilities Legal fees for a non-working wife
• The husband’s income, assets, and outstanding debts.

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Divorce was not frequent in India in the past; instead, couples tended to choose separation over formal dissolution. Divorce was made official in 1956 with the passage of the Hindu Marriage Act, although the procedure can be drawn out and emotionally draining, taking years or even decades if appeals are involved. Both couples and their families suffer greatly from this protracted legal battle, especially if child custody is at issue. As a result, while contemplating a divorce, couples should put an emphasis on taking a responsible and friendly approach, with the goal of reaching a prompt and courteous conclusion. Although there can be financial issues, avoiding a drawn-out legal struggle has longer-term advantages than disadvantages. Couples can reduce the emotional harm and safeguard their own and their families’ wellbeing by opting for a civil divorce, according to Dinesh Jotwani, co-managing partner at Jotwani Associates.

Atul Subhash, a 34-year-old Bengaluru engineer, died tragically. The verdict in the Jain case coincided with the Supreme Court’s orders being in line with the court’s decision. On December 9, Subhash committed himself, leaving behind a 24-page statement and a video in which he claimed that he had been harassed by his wife, Nikita, and her relatives.

What is the process for allocating property, funds, and joint assets during a divorce or separation?

Courts in India have established a legal norm that seeks to keep both spouses’ standards of living the same following their separation. If the wife is unable to earn a living, the husband’s assets and income ought to be split equally. More than half of the share will go to the parent with custody if children are involved. In addition, the law permits maintenance pendente lite, or short-term maintenance during litigation. The amount of this maintenance is based on a number of factors, including each spouse’s assets and income, age, education, and earning potential, as well as child custody. All of these elements are taken into account by the court when determining how much support should be.