matrimonial dispute During the hearing of a case related to this, the Supreme Court has made a very important remark that you (husband) can divorce your wife but not the children. The court has directed the said person to pay the settlement amount of Rs 4 crore to the woman within 6 weeks.
A bench headed by Justice DY Chandrachud of the Supreme Court exercised the right under Article 142 of the Constitution and passed an order for divorce on the basis of mutual consent of the couple. Both husband and wife were living separately since 2019.
The Supreme Court said that the conditions stipulated in the agreement will apply. During the hearing, the lawyer appearing for the husband said that some more time should be given to pay what was to be given under the agreement of Rs 4 crore. For this, the lawyer argued that the business would be badly affected due to Corona.
The Supreme Court said that you yourself have settled under the agreement that you will pay Rs 4 crore on the day the divorce is decreed. In such a situation, citing financial position, the argument no longer stands. You can divorce your wife but you cannot divorce the children you have produced. You are responsible for taking care of the children. You have to pay the settlement amount for the upbringing of the woman (divorced wife) and children.
The court has directed the petitioner husband to pay Rs 1 crore to the woman on September 1, 2021 and the remaining Rs 3 crore by September 30, 2021. The Supreme Court quashed the case filed by the couple against each other. The settlement between these two was done in August 2019 under the agreement. Under this, one crore rupees had to be given on the day of settlement and the remaining amount of four crores was to be given on the degree of divorce.