Summary
The Supreme Court resolved a matrimonial appeal through the parties’ broadly agreed settlement rather than remitting an ex parte divorce decree. Exercising Article 142 in the particular circumstances, it made dissolution conditional on payment of Rs.30 lakh permanent alimony and directed a further Rs.5 lakh towards the wife’s medical expenses, both payable within one month.
Issues
- Whether to remit the ex parte divorce appeal or resolve the matrimonial dispute on agreed terms with financial protection for the wife.
Provisions considered
- Article 142, Constitution of IndiaUsed in the peculiar circumstances to give effect to the settlement and condition dissolution on the specified payment. (¶¶ 15, 16)
Held
- The wife had not been heard in the High Court, ordinarily warranting remand. Both sides instead sought a mutually acceptable resolution; prolonged separation, no prospect of reunion and the wife’s illness and financial dependence supported settlement. (¶¶ 10, 11, 12)
- Marriage would stand dissolved upon payment of Rs.30 lakh permanent alimony within one month by demand draft through the wife’s counsel. The Court also directed Rs.5 lakh towards medical expenses, payable with that sum. (¶¶ 15, 16)
- The operative settlement quashed the allegations and findings against both parties and included the pending criminal writ petition before the Nagpur Bench. (¶¶ 15, 16)
Result
Appeal disposed of on settlement terms under Article 142. Dissolution conditional on the specified payment; husband to pay Rs.30 lakh alimony and Rs.5 lakh medical contribution within one month. No costs.