How fair are India’s alimony laws?

The suicide of a 34-year old techie, Atul Subhash, has raised questions about the loopholes in and challenges of the current alimony system in India. 

“The alimony law has been going through drastic changes,” lawyer Kusum Ranganath tells Metrolife. Each party must file an affidavit of assets and liabilities, which include healthcare costs of the spouse and other dependents. “But the court will consider the evidence and circumstances of each case. It is not blindly granted by the court,” she says.

Women’s rights activist Priya Varadarajan says, “The procedure and evidence required of a woman claiming alimony is exhaustive. For instance, she must show documents to prove her monthly expenditure, and lack of other sources of income. Most of these alimony payments end up as out of court settlements.” 

But what happens when the ex-husband loses his job, becomes disabled or develops mental health issues, asks Anil Kumar, a men’s rights activist from Save the Indian Family Foundation. He cites the example of a man who is schizophrenic. “The judge ordered him to pay a monthly alimony of Rs 45,000. Those facing serious mental health disorders cannot hold a job,” he says.

Kumar Jahgirdhar, who runs the NGO Child Rights Initiative for Shared Parenting (CRISP) says, “Alimony has become a negotiating tool for extortion. Women even demand an equal share from the husband’s inheritance.”  

Priya adds: “Perhaps this is a genuine case. But unfortunately, one such incident gets picked up and dilutes the entire narrative of what women go through in a marriage.” She says that the same country, not too long ago, was vociferously talking about how marital rape is not considered a crime.

Biased towards women?

Priya’s organisation offers support to women facing harassment and domestic violence. “This case may be a one-off. In family courts, it’s rare to see judges ruling in favour of women,” she adds. 

Kusum adds that women go through greater atrocities. “Each case has its own facts and circumstances that the court will examine individually,” she states. 

Misuse of law?

“Men are suffering because of the biased laws, which are in favour of women. There is not even one law that is gender neutral or in support of men. It’s a tool for vengeance and most of these cases are fake,” claims Kumar. 

The laws are there because they need to bring justice to the most vulnerable. So if one or two persons misuse the law, it doesn’t mean the law is biased towards their gender, says Priya.

This is the narrative that has significantly diluted (IPC) section 498A of the Bharatiya Nyaya Sanhita (dowry harassment). “We are a country where women continue to get burnt for dowry harassment. The burn ward at Victoria Hospital sees numerous suicide attempt cases every month because of harassment from the husband or the husband’s family. Why is that not making news,” Priya points out. 

Kusum says that family court lawyers play two roles — lawyer and counsellor. “It’s an emotional upheaval and we counsel our clients to be strong in such cases. They must be mentally and physically prepared,” she adds. 

What happened in Atul Subhash's case

Atul Subhash, a 34-year-old techie died by suicide at his home in Marathahalli on Monday. He left behind a 44-page suicide note and a video. He has cited harassment from his estranged wife and her family members as the reason for the extreme step. The FIR registered for abetment of suicide named Subhash’s wife Nikita Singh and her family members.