The Supreme Court refused divorce to a 54-year-old man, asking him to offer permanent alimony instead of avoiding maintenance. The Bench remarked, “₹15,000 is hardly anything these days… Shaanti se baitho, dete raho 15,000, khush raho.”
The Supreme Court of India on Friday refused to grant divorce to a 54-year-old man who has been paying ₹15,000 per month as maintenance to his estranged wife for the last 16 years.
A Bench of Justice Vikram Nath and Justice Sandeep Mehta made it clear that if the man wanted the Court to consider his plea for divorce, he should come forward with a reasonable offer for permanent alimony.
During the hearing, the man argued that paying ₹15,000 every month was a heavy burden for him since his salary is ₹65,000 per month. However, the Court did not agree with this argument and observed,
“₹15,000 is hardly anything these days…If you came up with an offer for permanent alimony we could have still considered (granting divorce)…(Else) Shaanti se baitho, dete raho 15,000, khush raho ”
[Relax, keep paying ₹15,000, be happy].
The case came before the Supreme Court after the man challenged a High Court order which had earlier refused to grant him divorce.
When the man showed reluctance to continue paying maintenance, the Court questioned why he could not live with his wife again. The Bench asked,
“Keep your wife with you. What is the problem?”
In response, the husband’s lawyer explained that the couple has been living separately for nearly 16 years and there have been ongoing disputes between them. He also informed the Court that several attempts at mediation had failed.
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The Court then examined the ground of cruelty claimed by the husband. It noted that the only allegation was that the wife insisted on accompanying him wherever he was posted. The Bench questioned this reasoning and asked,
“What is the problem with that?”
The husband’s counsel repeated that there were “temperamental issues” between the two.
On the other hand, the wife’s lawyer told the Court that she is not interested in permanent alimony and instead wants to live with her husband again. It was also submitted that the couple has no children and the wife is currently staying with her mother.
After hearing both sides, the Court did not dismiss the plea immediately. Instead, it gave both parties time to discuss and decide on a suitable amount for permanent alimony, if any. The matter has now been scheduled for further hearing on April 27.
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