The Supreme Court uses Article 142 to grant divorce and awards Rs 50 lakh as permanent maintenance to the wife

The Supreme Court on Monday used Article 142 to grant the divorce and awarded Rs 50 lakh as permanent maintenance to the wife.

The bank of Justices Vikram Nath and Satish Chandra Sharma dealt with the appeal against the order of the Punjab and Haryana High Court, by which the Supreme Court dismissed the appeal and upheld the order of the Family Court.

In the present case, the complainant and the respondent were married according to Hindu rites and had two children. Although they had been together for about 14 years, their relationship deteriorated due to allegations of abuse and interference from the defendant's parents on the one hand and allegations of cruelty and torture from the defendant's wife on the other. Eventually the marriage between them ended in divorce.

On March 22, 2024, Mr. Patwalia informed the court that despite his best efforts, the parties were not ready to reach an amicable settlement and there was no possibility of living together.

At the request of the Court, Mr. Patwalia submitted a brief note setting out his efforts, including discussions between the parties on the amount of permanent maintenance to be paid by the Appellant to the Respondent.

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The Supreme Court agreed that the marriage between the parties had failed and that there was no possibility that the parties would live together in the future.

The Chamber considered that the formal union between the parties was neither justified nor desirable.

The Supreme Court directed the applicant to pay an amount of Rs. 50,00,000/- to the respondent wife as permanent maintenance.

In view of the above, the board allowed the appeal.

Case title: Jatinder Kumar Sapra v. Anupama Sapra

Bank: Justices Vikram Nath and Satish Chandra Sharma Case No.: Results from SLP (civil) number(s). 3747 of 2020