Supreme Court Grants Mutual Consent Divorce with Quantified Permanent Alimony
New Delhi, May 19, 2023
In a significant judgment delivered today, the Supreme Court of India granted a mutual consent divorce to a couple and quantified the amount of permanent alimony to be paid by the husband. The judgment was pronounced by Justice Ahsanuddin Amanullah.
The case, titled “Mansi Khatri vs. Gaurav Khatri,” involved a Transfer Petition filed by the wife, seeking the transfer of the Divorce Petition filed by the husband from the Family Court in Indore, Madhya Pradesh to the Family Court in Lucknow, Uttar Pradesh.
The Supreme Court observed that the parties had experienced an irretrievable breakdown of their marriage. In the interest of rendering complete justice, the Court decided to exercise its power under Article 142 of the Constitution of India. As a result, the Court closed all the cases filed by the parties against each other and granted a decree of mutual consent divorce.
One of the key issues in the case was the quantification of permanent alimony. The wife had claimed an amount of Rs. 70,00,000 (Rupees Seventy Lakhs), while the husband had offered Rs. 25,00,000 (Rupees Twenty-Five Lakhs). After considering the financial positions of the parties, the Supreme Court quantified the permanent alimony at Rs. 35,00,000 (Rupees Thirty-Five Lakhs). The husband was directed to pay this amount within six months from the date of the judgment.
The Court also quashed the First Information Report (FIR) filed by the petitioner’s father, as well as the Maintenance Case filed by the petitioner in Lucknow. However, it was clarified that if the husband failed to pay the quantified permanent alimony within the stipulated time, the quashed FIR and Maintenance Case would be revived.
The judgment signifies the Court’s recognition of the irretrievable breakdown of the marriage and aims to provide a fair resolution for both parties involved. The decision reflects the Court’s commitment to upholding justice and maintaining the sanctity of marital relationships.
Date of Decision: May 19, 2023
MANSI KHATRI vs GAURAV KHATRI
