- The top court asked the person who came seeking divorce to pay Rs 4 crore for the children in six weeks
- The husband’s lawyer sought some more time to pay the settlement amount citing a loss in business due to the corona epidemic.
The Supreme Court in an important decision on Tuesday allowed a man to divorce his wife, but at the same time said that there cannot be a divorce with children. The apex court has given six weeks’ time to the Mumbai-based man associated with the gems and jewelry business to deposit the settlement amount of Rs 4 crore.
The apex court also, in the exercise of its overall powers conferred under Article 142 of the Constitution, also approved divorce by mutual consent of the couple who have been living separately since 2019.
Earlier, during the hearing before a bench of Justices DY Chandrachud and MR Shah, the husband’s lawyer sought some more time to pay the settlement amount citing a loss in business due to the Corona epidemic.
But the bench said you yourself have agreed in the agreement that you will pay Rs 4 crore on the day of the decree of divorce. Now it would not be correct to argue for financial constraints. The agreement was in 2019 and there was no pandemic at that time.
You can divorce your wife, the bench said. But you cannot divorce your children because you have given birth to them. You have to take care of them. You have to give the settlement amount to your wife so that she can take care of herself and the minor children.
Along with this, the bench ordered the husband to pay Rs 1 crore by September 1 and the remaining Rs 3 crore before September 30.
The bench ended the legal process on both sides
All legal procedures initiated by the couple against each other and their relatives were also ended. The bench said that all other conditions of the settlement between the separating couple will be fulfilled only in accordance with the agreement entered into between them.
The bench observed that the separated couple has a boy and a girl and the terms of their custody have already been agreed upon by both the parents.