VidhiSangh

Supreme Court of India · 17/07/2018

USHA UDAY KHIWANSARA versus UDAY KUMAR JETHAMAL KHIWANSARA

[2018] 7 S.C.R. 1112 · 2018 INSC 618

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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

  1. Whether to remit the ex parte divorce appeal or resolve the matrimonial dispute on agreed terms with financial protection for the wife.

Provisions considered

Held

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.

Judgment PDF: Supreme Court of India, [2018] 7 S.C.R. 1112.