NEW DELHI: Supreme Court Tuesday used its exclusive powers under Article 142 to dissolve a marriage by asking the man to gift his wife a flat worth Rs 4 crore in a posh Mumbai area while rejecting her demand for additional Rs 12 crore and a BMW car.
A bench of CJI B R Gavai, and Justices K Vinod Chandran and N V Anjaria said the acrimonious second marriage of both parties had broken down irreparably, requiring dissolution of the eight-year-old matrimonial alliance which was an attempt by both the man and woman to give married life a second chance.
However, it said the permanent alimony received by the woman from the annulment of her first marriage cannot be the basis for determining the size of alimony in the dissolution of the second marriage.
Accepting the arguments of advocates Madhavi Divan and Prabhjit Jauhar and taking into consideration the level of her education - an engineer with a master's in management - the bench said the gift of a flat in Mumbai by her husband would be sufficient alimony, especially as he is unemployed at present. It ordered the man to complete the gift deed for her before Aug 30 and pay apartment dues of Rs 26 lakh to Kalpataru Society on Dr SS Road, Mumbai, by Sept 1.
Brushing aside her demand for Rs 12 crore and a BMW, based on the man's profile on 'LinkedIn', the bench said, "We refuse to place any reliance on the 'LinkedIn' profile. We also reckon the fact that the respondent-wife was gainfully employed and has the educational qualifications as also the potential, by way of her experience in the field of information technology, to maintain herself. The gift of the encumbrance free apartment would suffice insofar as the compensation for separation".
A bench of CJI B R Gavai, and Justices K Vinod Chandran and N V Anjaria said the acrimonious second marriage of both parties had broken down irreparably, requiring dissolution of the eight-year-old matrimonial alliance which was an attempt by both the man and woman to give married life a second chance.
However, it said the permanent alimony received by the woman from the annulment of her first marriage cannot be the basis for determining the size of alimony in the dissolution of the second marriage.
Accepting the arguments of advocates Madhavi Divan and Prabhjit Jauhar and taking into consideration the level of her education - an engineer with a master's in management - the bench said the gift of a flat in Mumbai by her husband would be sufficient alimony, especially as he is unemployed at present. It ordered the man to complete the gift deed for her before Aug 30 and pay apartment dues of Rs 26 lakh to Kalpataru Society on Dr SS Road, Mumbai, by Sept 1.
Brushing aside her demand for Rs 12 crore and a BMW, based on the man's profile on 'LinkedIn', the bench said, "We refuse to place any reliance on the 'LinkedIn' profile. We also reckon the fact that the respondent-wife was gainfully employed and has the educational qualifications as also the potential, by way of her experience in the field of information technology, to maintain herself. The gift of the encumbrance free apartment would suffice insofar as the compensation for separation".
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