New Delhi, Aug 19 (ILNS): The Supreme Court of India once again, while exercising its power under Article 142 of the Constitution of India, granted a decree of divorce in a matrimonial dispute, wherein the parties were staying separately since the year 2019. However, the case had taken an interesting turn, since the husband after signing settlement terms and after filing an application for grant of divorce wanted to go back on the terms of the settlement agreement and pleaded for more time to make payment under the Agreement.
Ms. Ruby Singh Ahuja, Senior Partner, Karanjawala & Co. appearing for the wife argued before the Supreme Court that the settlement arrived between the parties in the year 2019 and no further extension should be granted to the husband as the wife has no personal income and she has also been maintaining the children as per the terms of custody. Mr. Tushar Cooper, Senior Advocate along with Ms. Purnima Jauhari, Advocate appeared for the husband.
A two judge bench comprising Justice D.Y. Chandrachud and Justice M.R. Shah on August 17, 2021, observed that the husband owes a duty towards his children and though a man can divorce his wife but not the children. The Court observed that the children and the wife cannot be left in the lurch and further observed that the settlement was arrived at in the year 2019 and had it not been for the pandemic, the said payment would have been made in the year 2019 itself. Accordingly, the Court laid down a timeline for the husband to make the balance payment of Rs 4 crores as per the terms of the settlement agreement and granted a decree of divorce.
The wife was represented by Law Firm Karanjawala & Co. led by Advocate Ms. Ruby Singh Ahuja and assisted by Advocates Mr. Vishal Gehrana, Ms. Swikriti Singhania, Mr. Shravan Sahny/ILNS/SNG