The Supreme Court has directed a husband to pay an amount of Rupees One Crore to his estranged wife, after she expressed that she was only interested in getting back her money, and not the continuation of marriage, reported Live Law.
On both of them submitting that they were not interested in living as husband and wife, the Court expressed , “we don’t understand what are they fighting for?”
The SC bench of Justice Kurian Joseph and Justice Abdul Nazeer therefore stayed all proceedings between them, and restrained them from initiating fresh litigation against each other. The husband expressed willingness to pay back the amount to wife; however, he submitted that at present he was not in a position to pay Rs.1.25 crores , the amount to which he had once agreed, owing to intervening developments and the untimely demise of his father.The wife agreed to reduce the amount as Rs.1 crore.
In that backdrop, the Court directed the husband to hand over a demand draft of Rs.25 lakhs on October 22, and to issue post-dated cheques for the remaining balance of Rs.75 Lacs with an interval of six months each for the first two cheques and an interval of three months for the last cheque. He was also directed to act as per his offer to furnish his mother’s property as security for the balance amount. The mother of the husband has been directed to be present on October 22 in Court for execution of security. After completion of payments, the parties will be at liberty to move application before SC for divorce on mutual consent under Section 13B of the Hindu Marriage Act.
The Court also restrained the husband from leaving the country without express permission from the Court.
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