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New Delhi: The Supreme Court has once again expressed concern over the misuse of domestic violence and anti-dowry extortion laws meant for the protection of women. It has also hit out at those misusing the law, saying the laws are for the welfare of women and not to extort or threaten, dominate or punish their husbands. Hindu marriage is considered a sacred institution, it cannot be used as a commercial enterprise.
Supreme Court Justice B. A bench of Justice V Nagarathna and Justice Pankaj Mithal, hearing a matrimonial dispute case, said that most of the complaints related to matrimonial disputes were being clubbed together under IPC sections like rape, criminal intimidation and cruelty to a married woman. Women should keep in mind that these sections are for their safety. Not a tool to punish, intimidate or coerce husbands.
The Supreme Court said this while ending the marriage between husband and wife living separately. In this case, the woman asked her husband to settle the case for Rs 500 crore as permanent maintenance. However, the Supreme Court asked the husband to settle the matter by paying Rs 12 crore to the wife in a month. During the debate, the woman claimed that my husband has many types of businesses in America and India and his total wealth is Rs 5,000 crore. Earlier, when he had separated from his wife, he had given her Rs 500 crore, so I should also be given the same amount.
On this argument of the wife, the Supreme Court said that if the husband moves forward with his life after separation, then the wife cannot claim maintenance on the basis of his existing property. After separation, it is considered a burden on the husband to force his wife to maintain him for the rest of her life as per her current condition. What if the husband had become sad after separation? No single formula can be given for livelihood. The wife later agreed to Rs 12 crore and agreed to withdraw all cases against her husband and his family.
The Supreme Court also commented on the cases and said that the police are sometimes hasty in arresting husbands and their families in some cases. In which elderly and bedridden parents or grandparents are also included. Even the trial court refrains from granting bail to such people because the complaint contains sections of serious offences. The divorce petition was pending in a Bhopal court, which the wife had sought to transfer to a Pune court, while the husband had sought dissolution of the marriage. The Supreme Court in this case said that the spouses and their family members were involved in many affairs during the period of the marriage relationship, the couple did not live together due to which the marriage relationship could not continue.
In Haryana, a case between a 70 year old man continued for 18 years.
Divorce at the age of 44: Husband sold land and crops to give Rs 3 crore to wife
-After paying permanent alimony, wife or children cannot claim the husband’s property: Court
Karnal: A 70-year-old couple in Haryana decided to end their 44-year-old marriage after an 18-year-long legal battle for divorce. The case ended when the husband had to sell the land and farm crops to pay permanent alimony of Rs 3 crore for breaking the marriage.
The couple, hailing from Karnal, Haryana, got married in 1980 and have two daughters and a son. However, after a few years of marriage, there were differences between the two and they started living separately in 2006. The husband accused the wife of cruelty and demanded divorce in the Colonel Court. However, his application was rejected. Therefore, the husband approached the High Court in 2013 and demanded dissolution of the marriage. This case was pending in the High Court for 11 years.
The High Court referred the matter to the mediation center for settlement, during the mediation process the spouses and children were ready to settle the matter with a permanent alimony of Rs three crore. The husband sold his land and sent Rs 2.16 crore through demand draft, while the Rs 50 lakh collected by selling sugarcane was given in cash. However, the court clarified that after payment of this amount the wife or her children cannot claim any property of the husband. So now after the death of the husband, his children or wife will not have any right on his property.
Maintenance of two lakhs, husband reached court with 80 thousand coins
Coimbatore: In Coimbatore, Tamil Nadu, a 37-year-old husband reached the family court with 80 thousand rupees one and two coins to pay alimony to his wife in the divorce case, which surprised everyone including the judge. , The court ordered the husband to pay Rs 2 lakh as interim maintenance. Disappointed with the order, the husband adopted a unique way and reached the court with coins worth Rs 80 thousand. However, the court refused to accept the coins and ordered the husband to deposit the alimony in the form of notes. Later the husband took back the coins and deposited notes worth Rs 80 thousand, accepting which the court asked him to deposit the remaining Rs 1.20 lakh immediately.