In the wake of Atul Subhash’s tragic death on December 9, the country mourns and demands justice for the Bengaluru-based techie, allegedly harassed by his wife, Nikita Singhania, and her family over financial demands.

This case has sparked a broader debate about the misuse of dowry laws and the devastating impact of marital disputes on men’s mental health in India. A public interest litigation (PIL) has been filed in the Supreme Court, urging a review of the current dowry and domestic violence laws to address their potential for misuse.

The apex judicial body of India has outlined several key factors to ensure a fair and balanced resolution for both spouses, let’s delve into it:

1. Financial and Social Standing: The court evaluates the economic and social status of both spouses, including their income, assets, and societal standing, to determine a reasonable alimony amount.

1. Basic Needs of the Wife and Children: Ensuring that the fundamental needs of the wife and any dependent children are met is a priority, with alimony covering these essential expenses.

1. Qualifications and Employment Status: The qualifications and employment capabilities of both spouses are critical. The court assesses whether the wife can support herself through work or possesses the necessary skills to do so, alongside the husband’s earning capacity.

1. Independent Income or Assets: If the spouse seeking alimony has independent sources of income or assets, these are considered to possibly reduce the alimony amount awarded.

1. Standard of Living During Marriage: The wife’s lifestyle during the marriage, particularly while residing with her in-laws, is a key consideration. The aim is to maintain a similar standard of living post-divorce, within reasonable limits.

1. Family Responsibilities and Employment Sacrifices: Any career sacrifices made by the wife to manage the household or care for children are heavily weighed, as such sacrifices can limit her earning potential.

1. Litigation Costs for Unemployed Spouses: For unemployed spouses, the court takes into account the reasonable costs of legal proceedings, ensuring they are not further burdened by litigation expenses.

1. Husband’s Financial Capacity: The husband’s income, assets, liabilities, and overall ability to pay are crucial in deciding the maintenance amount. The court ensures the payment is within his means without causing undue hardship.

These factors came into the spotlight following Atul’s death, as he reportedly left behind a 24-page note detailing his ordeal and criticizing the justice system.

Atul faced nine legal cases, including allegations of murder, dowry harassment, and unnatural sex. His parents were also named as co-accused in some of these cases.

“My brother has been mentally and physically drained since the court battles began. He was constantly mocked and told to die if he could not meet their demands,” Atul’s brother Bikas Kumar alleged in his complaint to the Marathahalli police in Bengaluru.

The tragedy has sparked a massive outcry on social media, with demands for justice for Atul and calls for gender-neutral marital laws to ensure fairness for all parties involved.