On Wednesday delivering a verdict in a decade-old divorce case the Supreme Court dissolved the marriage. In this unique divorce case, the Supreme Court exercised its powers vested under Article 142 of the Constitution.
In this matter, the husband in question had filed over 80 lawsuits against his wife her relatives and even her counsel. According to Live Law the Supreme Court characterized this as a “Mahabharata-like matrimonial battle.”
Supreme Court Criticizes Husband’s Conduct
During the hearings of this case a bench comprising Supreme Court Justices Vikram Nath and Sandeep Mehta severely criticized the conduct of the respondent-husband who is a lawyer by profession. The Court observed that his legal expertise was utilized to deliberately delay the litigation.
The Supreme Court noted that in an attempt to harass the wife’s counsel he had filed nine separate cases against her across nine different locations.
“The respondent-husband, being a legal professional was misusing his knowledge to obstruct the judicial process and was intimidating the lawyers appearing on behalf of the appellant-wife.”
Supreme Court
Husband Ordered to Pay ₹5 Crore in Alimony
Arguments were presented before the Supreme Court on behalf of the husband contending that his wife is highly educated and that he is currently not in a financial position to pay maintenance (alimony).
However after taking all factors into consideration the Supreme Court ordered the husband to pay a lump sum of ₹5 crore to the appellant-wife.
Additionally the Supreme Court quashed all lawsuits filed against the parties involved in this case including their relatives as well as those filed against the wife’s counsel.
What is the Background of this Divorce Case?
- In this case, the couple got married in 2010.
- They have two sons from their marriage; the elder son is currently in the tenth grade.
- Disputes subsequently arose between the couple, and they began living separately in 2016. A legal battle has been ongoing ever since.
- The wife alleged that her husband had taken over all responsibilities regarding her and their two children.
- The woman’s lawyers state that the husband was unwilling to comply with the directives of the family court and the Supreme Court.
- He had served as a director in several companies but subsequently resigned from those positions.
- The woman had been raising her two sons while working in Kolkata and has now moved to Mumbai to facilitate their education.
“It has been established that the respondent-husband who headed multiple companies readily resigned from those positions solely to evade his financial obligations. We are of the opinion that the husband’s claim of financial incapacity is merely a pretext to shirk his legal and moral duties.”
Supreme Court
Invoking Article 142 to Dissolve the Marriage
The Supreme Court has finally dissolved this marriage on the grounds that it has “irretrievably broken down,” exercising the authority vested in it by Article 142 of the Constitution.
What Happens After the Final Decree?
- Both sons will remain under their mother’s care.
- The father will be granted visitation rights to meet both sons.
- The husband is required to pay a lump sum of ₹5 crore to his wife.
- Upon receiving the ₹5 crore settlement, the wife shall peacefully vacate her father-in-
- law’s 3BHK flat (located in Lokhandwala, Mumbai) within two weeks.
- The husband must furnish an undertaking pledging that he will not initiate any further
- legal proceedings against his wife, her relatives, or her lawyers.
