Supreme Court's reported 8-point formula for alimony is not new: Fact check

Recent media reports claimed that the Supreme Court has introduced an "8-point formula" for deciding alimony in divorce cases. However, a fact check by Bar & Bench reveals that these factors are not new but are a reiteration of guidelines established in previous rulings.

The Case Before the Court

The case involved a couple that had been living separately since 2004. The husband sought a divorce citing cruelty, while the wife filed for maintenance. Over the years, the maintenance amount was increased, and the husband challenged a Delhi High Court order, which dismissed his plea against a family court decision to pay ₹1,15,000 interim maintenance. The High Court later enhanced this amount to ₹1,45,000 for the period between 2009 and 2016.

Before the Supreme Court, the couple chose to settle the matter amicably, leading the bench of Justices Vikram Nath and Prasanna Varale to dissolve their marriage under Article 142 of the Indian Constitution. Given that the couple had been living separately for nearly two decades, the only remaining issue was determining the permanent alimony.

What the Court Said About Maintenance

The Court reiterated that there is no fixed formula for determining the quantum of permanent maintenance. It emphasized that the amount should be “just, fair, and reasonable” and must be based on various factors unique to each case. The key factors the Court considered include:

The income of both parties

The conduct of the parties during the marriage

Their individual social and financial status

Their personal expenses

Their capacities and duties to support dependents

The quality of life enjoyed by the wife during the marriage

The Court also referred to the 2020 Rajnesh v. Neha ruling, which had outlined guidelines for determining both interim and permanent alimony. In this landmark judgment, the Supreme Court made it mandatory for couples to file affidavits revealing their assets and liabilities.

In addition to the aforementioned factors, the Court took note of additional guidelines for maintenance set by the Delhi High Court in 2007. These include:

Age and employment status of the parties

Right to residence

The wife’s earning capacity

Maintenance of minor children

Serious disability or ill health

These factors were echoed by the Supreme Court in its July 2024 ruling in Kiran Jyot Maini v. Anish Pramod Patel. The Court clarified that the December 10 judgment merely summarized these pre-existing guidelines, with slight modifications. Importantly, the Court stated that these are only guidelines and not a rigid formula for granting alimony.

The Final Order

In this case, the wife, who was unemployed, was awarded ₹5 crore as a one-time settlement to resolve her pending claims. The husband, a successful banker, had already paid ₹72 lakh in arrears of maintenance. The Court also directed the husband to pay ₹1 crore for the maintenance and education of their son.

Thus, while the media reports about a new “8-point formula” were partially accurate, they overlooked the fact that these guidelines have long been in place, and the Court’s December 10 judgment was merely a reiteration of earlier rulings.