New Delhi: The Supreme Court has dissolved the marriage of the CEO of Dubai-based bank, citing over two decades of separation and strained relationship with his homemaker wife, and directed him to pay his spouse Rs 5 crore as one time settlement and Rs 1 crore to his son, who has just completed his B Tech degree.
A bench comprising justices Vikram Nath and Prasanna B Varale said: “It is also equitable and only obligatory for a father to provide for his children, especially when they have the means and the capacity to do the same”. The bench said considering the material on record, the totality of the circumstances and the facts of this case, a one-time settlement amount with provision for the wife as well as the son, would be a fair arrangement.
Noting that the son is now major and has just finished his engineering degree, the bench said it can safely be concluded that in today's competitive world, gainful employment may be feasible only after the child has pursued education beyond 18 years of age, and mere completion of his engineering degree does not guarantee a gainful employment, in these competitive times.
“An amount of Rs. 1 crore towards the maintenance and care of the son appears to be fair, which he can utilize for his higher education and as security till he becomes financially independent”, said the bench, in a judgment delivered on Tuesday.
On the aspect of wife, Justice Nath, who authored the judgment on behalf of the bench, said considering the standard of living enjoyed by her during subsistence of the marriage, the prolonged period of separation, and the appellant’s financial capacity, a one-time settlement amount of Rs. 5 crores, appears to be just, fair and reasonable amount for the respondent.
The apex court noted that the appellant is currently working as the chief executive officer (CEO) of a bank in Dubai and his estimated salary is about AED 50,000 per month, and added that it means that the husband is earning around Rs. 10 to 12 Lakhs per month.
The bench said the parties were married as per Hindu rites and ceremonies in December 1998, and have one son born from their wedlock but the marital relationship soured and the parties began living separately from January, 2004. “It is evident that the relationship between the parties appears to be strained from the beginning and only further soured over the years. Reconciliation proceedings during the pendency of the divorce petition also failed”, said the bench.
The bench said that the parties have been litigating maintenance proceedings for a prolonged period, and there appears to be no cogent reason to only deal with the issue of interim maintenance after twenty years of strained relationship and separation. Noting that parties have no intention of reconciling, the apex court dissolved the marriage using its power under Article 142 of the Constitution as both the parties consented to it.
The bench noted that though the appellant has filed details of his DEMAT accounts from 2010, it is revealed that he had investments of around Rs 5 crore at that time. The bench also noted that he has three properties worth approximately Rs two crore, five crore, and 10 crore respectively.
The apex court’s judgment came on a plea by a man challenging the Delhi High Court order, which enhanced interim maintenance to the wife from Rs 1.15 lakh per month to Rs 1.45 lakh per month.
The bench said: “The main issue between the parties all these years, since separation, is the quantum of maintenance to be paid by the appellant to the respondent. The issue of maintenance pendente lite is now infructuous with the dissolution of marriage, but the financial interest of the wife still needs to be protected through grant of permanent alimony”.
