Tag: Financial Settlement

Decade-Long Separation Ends: Supreme Court Grants Divorce Under Article 142
15Jan By The Legal ChamberNo Comments
Supreme Court

Decade-Long Separation Ends: Supreme Court Grants Divorce Under Article 142

The Supreme Court invoked Article 142 of the Constitution to dissolve the marriage on grounds of irretrievable breakdown. It awarded Rs. 1 crore as permanent alimony and full settlement of all claims, quashing all related proceedings. The decree was conditional upon payment within three months. Facts Of The Case: The marriage between Rekha Minocha (appellant-wife) and Amit Shah Minocha (respondent-husband) was solemnized on October 5, 2009. The wife alleged mental and physical harassment by her in-laws, leading her to leave the matrimonial home on April 15, 2010. While residing at her parental home, she gave birth to their son on December 28, 2010. Subsequently, she initiated legal proceedings, including an application for maintenance under Section 125 of the CrPC in 2013 and a case unde...
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Supreme Court Facilitates Settlement in Rape and Cheating Case, Orders Return of Money and Gold
5Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Facilitates Settlement in Rape and Cheating Case, Orders Return of Money and Gold

The Supreme Court disposed of appeals concerning allegations under Sections 376, 406, and 506 of the IPC by facilitating a settlement. The Court directed the appellant to deposit a specified sum with the Trial Court and gold ornaments with the High Court Registrar for release to the prosecutrix, thereby resolving the disputes. Facts Of The Case: The case originates from an FIR registered against the appellant-accused based on a complaint filed by the second respondent, the prosecutrix. She alleged that the accused, who was assisting her with ongoing divorce proceedings, forcefully subjected her to sexual intercourse in December 2017 under the threat of disseminating her photographs. Subsequently, on multiple occasions in 2018, he established a physical relationship with her on the false ...
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Husband’s Second Marriage Leads Supreme Court to Use Special Power for Divorce
18Sep By The Legal ChamberNo Comments
Supreme Court

Husband’s Second Marriage Leads Supreme Court to Use Special Power for Divorce

The Supreme Court, invoking its extraordinary powers under Article 142 of the Constitution, dissolved the marriage on the ground of irretrievable breakdown. The decree was granted subject to the husband paying a one-time permanent alimony of ₹1.25 crores to the wife, ensuring a complete settlement. Facts Of The Case: The marriage between the appellant-husband, A. Ranjithkumar, and the respondent-wife, E. Kavitha, was solemnized on February 15, 2009. Shortly thereafter, the couple relocated to the United States of America, where the husband was employed. A son was born from the union on April 7, 2010. However, the marital relationship soured, leading the husband to file a divorce petition on September 26, 2012, under the Hindu Marriage Act, 1955, on the grounds of cruelty and adultery. Th...
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Marriage Dead: Supreme Court Dissolves Union, Quashes 498A Case in Landmark Irretrievable Breakdown Ruling
6Sep By The Legal ChamberNo Comments
Supreme Court

Marriage Dead: Supreme Court Dissolves Union, Quashes 498A Case in Landmark Irretrievable Breakdown Ruling

The Supreme Court, invoking its extraordinary power under Article 142 of the Constitution, dissolved the marriage on the ground of irretrievable breakdown. It quashed the pending criminal proceedings under Section 498-A IPC, finding the allegations to be vague and arising from marital discord, while upholding the terms of a settlement agreement for a clean break. Facts Of The Case: The marriage between Anurag Goel (appellant-husband) and the second respondent (wife) took place on July 25, 2015, following prior divorces for both. After approximately one year and nine months of conjugal life, the relationship soured. The husband alleged constant harassment, leading him to abandon the matrimonial home—a Mumbai apartment he owned—in April 2017 to move to Faridabad with his autistic child fro...
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