Constitution of India, 1950
Article 142—Discretionary powers—Exercise of—Irretrievable break down of marriage—Dissolution of—Parties cohabited after marriage for less than a year and having been living separately since the last nine years—Grave allegations made by appellant-wife against respondent-husband—Multiple attempts at reconciliation between the appellant and respondent have been made by the courts at different stages but all efforts have been futile—Multiple legal proceedings are pending between the parties and do not appear to possibly conclude in near future—This factual position is admitted by both the parties and they have also mutually agreed that they have no intention of continuing their union as husband and wife—While the interest of the appellant-wife to be compensated needs to be protected through a one-time settlement, this a fit case to exercise the discretionary powers vested in the Apex Court under Article 142 of the Constitution and to dissolve the marriage between the parties.
[Para 21]
Maintenance
Permanent alimony—Marriage between parties dissolved by the Apex Court in exercise its powers under Article 142 of the Constitution of India—Both the parties are well educated, gainfully employed, have high standards of living, and also have dependants to be taken care of—Husband is working as the Vice President of a Bank and earning more than 5 lakhs per month as net salary after deductions—Wife is working as Head of Human Resources with a Private Limited Company with a salary of Rs. 1,39,000 per month—Husband has the legal obligation also the financial capacity to maintain his wife after dissolution of marriage—Award of maintenance or permanent alimony should not be penal but should for the purposes of ensuring a decent living standard for wife—Demand of rupees 5 to 7 crores made by wife is exceptionally high but, at the same time, the amount of Rs. 50 lakhs offered by husband is insufficient in the broader rubric of maintenance considerations—One-time settlement amount of Rs. 2 crores would be a balanced and fair amount—Husband directed to pay the amount within the time stipulated.
[Paras 30, 32 to 34]
Matrimonial Disputes
Adjudication and determination of one-time settlement amount—Factors to be considered—Discussed.
[Paras 23 to 26]