Supreme Court Awards ₹2 Crore Permanent Alimony To Estranged Wife Towards "Decent Standard Of Living"
CASE:
▪️This was wife's second marriage. She had received ₹40 Lakh in alimony from first husband as well
▪️Her second marriage did not last beyond a year & parties had been living separately since nine years
▪️Since there was no scope of parties co-habiting together again, Supreme Court dissolved the marriage under Article 142 of the Constitution
▪️Husband works as a VP with a bank with a net income of ₹5 Lakh per month
▪️Estranged Wife's current income is ₹1.39 Lakh per month, while she claimed her monthly expenses to be ₹4 Lakh per month, besides ₹75,000 per month for minor daughter (from first marriage)
"This court is of the opinion that the demand made by the appellant is exceptionally high, but, at the same time, the amount offered by the respondent is insufficient in the broader rubric of maintenance considerations."
The court thus fixed one-time settlement amount of Rs 2 crore as fair and balanced for permanent alimony to be paid by the husband within four months to cover all pending and future claims, keeping in view the totality of the circumstances, the social and financial status of the parties, their current employments as well as future prospects, standards of living, and their obligations, liabilities, and other expenses.
VOICE FOR MEN INDIA TAKE
▪️This is exactly the alimony payouts we are against
▪️Why should a working woman whose marriage did not last even for a year get any alimony?
▪️After wasting 9-years in lower and high courts, if husbands are anyways expected to pay permanent alimony in the name of "financial security of estranged wife", why is this amount not fixed on day 1 itself?
▪️Why should husbands spend years of prime life & money on lawyers, if in the end it has to be #HePays
▪️The alimony is granted based on the current income of the husband, while estranged wife has zero contribution in his life since 9-years
SPREAD THE AWARENESS BEFORE BEING TAKEN FOR A RIDE
#VoiceForMen
DATES
▪️Apr 2015: 2nd Marriage of Wife (has daughter from 1st marriage)
▪️Apr 2016: Wife files #498A & Domestic Violence cases
▪️May 2016: HC referred parties to mediation, failed
▪️May 2018: Magistrate ordered husband to pay Rs 35,000 pm to wife
▪️Both parties challenged order
▪️Feb 2019: Additional Sessions Judge modified previous order & instructed husband to pay Rs 45,000 per month to wife & Rs 55,000 per month to minor daughter (from wife's 1st marriage)
▪️Husband kept dodging the system, and his wife even moved an application to attach his accounts
▪️There were arrears of Rs 65 lakh not paid by husband
▪️After multiple pending cases, when matter reached Supreme Court, the apex court found it best to bring an end to all matters by dissolving the marriage by ordering one time alimony
#VoiceForMen
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"It is improper to pass an order to hand over any unwilling married woman to her husband with whom she does not want to stay. The court also said that nobody should consider an adult woman as a consumer product"
Woman was already married, and was in a live-in relationship with another man. Eventhough protection to such couple was denied, the court categorically stated,
READ ORDER | Wife Paying Maintenance To Able Bodied Husband Would Promote “Idleness”: Kerala HC
▪️"If maintenance is granted, then idleness of husbands will be promoted & they will be tempted not to do any work & depend on the wife for their livelihood"