Supreme Court has asked the husbnad to pay the wife a lump sum maintenance despite the fact that husband was able to get a decree of divorce on the ground of cruelty by wife.
A bench of Justice Sinha and Justice Banerjee has passed the order in the case titled as KIRAN YADAV vs DHARAM PAL YADAV on 22.08.2019.
Supreme Court noted the position as "The appellant is aggrieved by the order denying her maintenance on the ground that in view of the decree of divorce granted on the grounds of cruelty and desertion in favour of the respondent, she is not entitled to maintenance under Section 125 of the Code of Criminal Procedure".
Then the Supreme Court proceeded to dispose the matter by saying "The only issue involved is with regard to grant of maintenance. We have considered the submissions made on behalf of the parties. We are of the considered opinion that the matter needs to be given a quietus in the facts and circumstances of the case. Our suggestion for a lump sum settlement was accepted by the learned counsel appearing for the parties. We, therefore, close the present proceedings by awarding a lump sum amount of Rs.6,00,000/- (Rupees six lac only) to the appellant over and above whatever may have been paid earlier".
Read the Order here:
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