You can divorce your wife but not your kids: SC tells man; orders him to pay 4 crore

The Supreme Court on Tuesday ruled that a man can divorce his wife but not his children and ordered him to pay Rs 4 crore in settlement within six weeks. The Supreme Court also used its plenary powers under Article 142 of the Constitution to grant the couple a divorce by mutual consent, staying separately since 2019.

All other settlement criteria negotiated between the estranged couple shall be implemented as per the agreement, according to a bench of Justices D Y Chandrachud and M R Shah.

During the hearing, counsel for the husband stated that a settlement had been made between the parties during the mediation procedures, but that he required additional time to pay her the Rs 4 crore sum since his business had suffered greatly as a result of the pandemic.

‘You yourself have agreed in the settlement that the day decree of divorce will be granted, you will be paying her Rs 4 crore. Now, this financial constraint argument will not hold well. You can divorce your wife but you cannot divorce your children as you have given birth to them. You have to take care of them. You will have to pay her the amount to maintain herself and the minor children,’ the bench stated.

Also Read: Bombay HC allows Muharram procession with conditions amid COVID-19

The spouse must pay Rs 1 crore by September 1, 2021 and another Rs 3 crore by September 30, 2021, the court directed. The couple’s lawsuits and legal procedures against each other and their in-laws were also dismissed by the top court.

According to the husband’s attorney, his business has taken a turn for the worst since they struck an arrangement and is now facing insolvency procedures. ‘I am not saying I will not pay but give me some time to pay the amount. I will pay one crore in one month and thereafter I will pay another one crore after three months,’ he said.

Also Read: Fully vaccinated person cannot be re-vaccinated: Centre to HC

The bench said the agreement was reached between the parties in August 2019 and had it not been the onset of the pandemic, the husband would have paid the entire agreed amount in 2019 itself.

The husband, who works in the gems and jewellery industry in Mumbai, paid Rs 1 crore on the day the settlement was agreed and was to pay Rs 4 crore on the day he would have received the divorce order, according to the agreement.

It noted that the estranged couple had two children — a boy and a girl — and their custody terms were agreed upon by both parents.