Techie wife seeks ₹12 crore alimony and BMW to end 8-year marriage; SC tells jobless husband to gift ₹4 crore flat instead
The Supreme Court, invoking Article 142, dissolved a second marriage, directing the husband to gift his wife a Rs 4 crore Mumbai flat as settlement. The court rejected the wife's demand for an additional Rs 12 crore and a BMW, deeming the flat sufficient compensation given her education and work experience. All pending legal proceedings between the couple were closed.
ET Online SC alimony Related In a divorce case involving a second marriage, the Supreme Court on Tuesday used its special powers under Article 142 to end the marriage and ordered the man to gift his wife a flat worth Rs 4 crore in Mumbai. The woman's demand for an additional Rs 12 crore and a BMW car was rejected, a TOI report stated.A three-judge bench headed by Chief Justice B R Gavai and comprising Justices K Vinod Chandran and N V Anjaria said the couple's eight-year marriage had broken down beyond repair. The court said the second marriage was an effort by both individuals to give married life another chance, but the relationship had become irreconcilable.
The court clarified that the alimony the woman received from her first marriage could not be used to decide the amount of settlement in the second marriage.The bench accepted arguments made by senior advocates Madhavi Divan and Prabhjit Jauhar. Considering the woman's background, an engineer with a master's degree in management, the court said the gift of a flat from her husband would be a fair settlement. The court also took note that the man is currently unemployed.The man has been directed to transfer ownership of the flat to his wife before August 30 and pay Rs 26 lakh in dues to the Kalpataru Society on Dr SS Road, Mumbai, by September 1.
The court dismissed the woman's demand for additional money and a luxury car, which she based on her husband's LinkedIn profile. The bench observed,'We refuse to place any reliance on the 'LinkedIn' profile. We also reckon the fact that the respondent-wife was gainfully employed and has the educational qualifications as also the potential, by way of her experience in the field of information technology, to maintain herself. The gift of the encumbrance free apartment would suffice insofar as the compensation for separation.'The court concluded the matter by stating,
'All proceedings pending between the parties shall stand closed and there shall be no further proceedings initiated by either party, relatable to their marriage, which stands dissolved by this judgment.'
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