Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Hindu Marriage Act 1955 - ss. 13B - Matrimonial dispute - Petition for dissolution of marriage on the ground of cruelty-Application before Supreme Court for transfer of divorce petition pending before Family Court Bombay to Family Court at Hyderabad - Matter referred to Supreme Court Mediation Centre for amicable settlement- Settlement agreement wherein husband agreed to pay Rs. 12. 5 lakhs to his wife towards full and final settlement as alimony and maintenance at the time of passing of decree o |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Transfer Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Hindu Marriage Act, 1955 — ss. 13B ~ Matrimonial dispute — Petition for dissolution of marriage on the ground of cruelty — Application before Supreme Court for transfer of divorce petition pending before Family Court Bombay to Family Court at Hyderabad — Matter referred to Supreme Court Mediation Centre for amicable settlement ~ Settlement agreement wherein husband agreed to pay Rs.12.5 lakhs to his. wife towards full and final settlement as alimony and maintenance at the time of passing of decree of divorce by mutual consent — While filing application for divorce by mutual consent wife stated that she requires funds urgently as she is suffering from a life threatening disease and has to depend on herself for proper care — Held: Settlement is nothing but a contract to dissolve the marriage, the court has to satisfy itself that the contract is legal and valid in the eye of law — Fact that the wife was ready for the mutual consent divorce after knowing about her medical condition raised a suspicion in the mind as to whether the consent obtained from the wife is free as required by law for granting the decree of divorce by mutual consent — It was pre-existing duty of the husband to provide facilities for the treatment of the petitioner, provided the husband has sufficient means and he is diligently doing his part in taking care of her — By the settlement agreement the husband is promising to do something ‘which he is already duty bound, is not a valid consideration for the settlement — Transfer petition is allowed — Husband to pay Rs 5 lakhs out of Rs 12,50,000/- to the wife immediately for her treatment — After the wife is cured or within six months which ever is earlier Family Court would take up the case along with the fresh application filed by the parties u/s. 13B for divorce by mutual consent. |
Judge | Hon'ble Mr. Justice M.Y. Eqbal |
Neutral Citation | 2015 INSC 884 |
Petitioner | Vennangot Anuradha Samir |
Respondent | Vennangot Mohandas Samir |
SCR | [2015] 12 S.C.R. 276 |
Judgement Date | 2015-12-02 |
Case Number | 702 |
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