Skip to content
  • Facebook
  • X
  • Linkedin
  • WhatsApp
  • YouTube
  • Associate Journalism
  • About Us
  • Privacy Policy
  • 033-46046046
  • editor@artifex.news
Artifex.News

Artifex.News

Stay Connected. Stay Informed.

  • Breaking News
  • World
  • Nation
  • Sports
  • Business
  • Science
  • Entertainment
  • Lifestyle
  • Toggle search form
  • Stocks Of ITC, Varun Beverages, Godfrey Phillips Decline Amid GST Hike Report
    Stocks Of ITC, Varun Beverages, Godfrey Phillips Decline Amid GST Hike Report Nation
  • India completely rejects targeting of our high commissioner by Canadian Govt: Jaishankar
    India completely rejects targeting of our high commissioner by Canadian Govt: Jaishankar World
  • Discover native mango varieties in Chennai
    Discover native mango varieties in Chennai Business
  • “Glad To Win It Before The Boys”: RCB Star’s Tongue-In-Cheek Remark After WPL Triumph
    “Glad To Win It Before The Boys”: RCB Star’s Tongue-In-Cheek Remark After WPL Triumph Sports
  • Batting first will still be the way to go: Piet Botha
    Batting first will still be the way to go: Piet Botha Sports
  • Access Denied Sports
  • Popular Greek Island Santorini About To Erupt After Series Of Earthquakes? Here’s The Truth
    Popular Greek Island Santorini About To Erupt After Series Of Earthquakes? Here’s The Truth World
  • CCI clears mega-deal involving merger of media assets of RIL and Walt Disney
    CCI clears mega-deal involving merger of media assets of RIL and Walt Disney Business
Supreme Court, Dowry Law, Cruelty Laws: Strict Laws For Women’s Welfare; Marriage Not A Commercial Venture: Top Court

Supreme Court, Dowry Law, Cruelty Laws: Strict Laws For Women’s Welfare; Marriage Not A Commercial Venture: Top Court

Posted on December 19, 2024 By admin


The court said the police were sometimes quick to jump into action in selective cases.

New Delhi:

The Supreme Court on Thursday said the strict provisions of law were for the welfare of women and not a means to “chastise, threaten, domineer or extort” their husbands.

Justices BV Nagarathna and Pankaj Mithal observed a Hindu marriage was considered to be a sacred institution, as a foundation for a family and not a “commercial venture”.

Notably, the bench observed the invocation of Indian Penal Code sections including rape, criminal intimidation and subjecting a married woman to cruelty — as a “combined package” in most of the complaints related to matrimonial disputes — was condemned by the top court on several occasions.

“The women need to be careful about the fact that these strict provisions of law in their hands are beneficial legislations for their welfare and not means to chastise, threaten, domineer or extort from their husbands,” it said.

The observations came when the bench dissolved the marriage between an estranged couple on the grounds of its irretrievable breakdown.

“The provisions in the criminal law are for the protection and empowerment of women but sometimes are used by certain women more for purposes that they are never meant for,” the bench said.

The husband in the case was ordered to pay Rs 12 crore as permanent alimony to the estranged wife as a full and final settlement for all her claims within a month.

The bench however commented on cases where the wife and her family tended to use a criminal complaint with these serious offences as a platform for negotiation and as a tool to get the husband and his family to comply with their demands, which were mostly monetary in nature.

It said the police were sometimes quick to jump into action in selective cases and arrest the husband or even his relatives, including aged and bedridden parents and grandparents, with trial courts refraining from giving bail to the accused owing to the “gravity of the offences” in the FIR.

“The collective effect of this chain of events is often overlooked by the actual individual players involved therein, which is that even minor disputes between husband and wife tend to snowball into ugly prodigious battles of ego and reputation and washing dirty linen in public, eventually leading to the relationship turning sour to the extent that there remains no possibility of a reconciliation or cohabitation,” it said.

The Supreme Court noted a plea was filed before it by the wife seeking transfer of a divorce petition filed under section 13 (1) of Hindu Marriage Act, 1955, pending in a court in Bhopal to a court in Pune.

The husband had sought dissolution of marriage under Article 142(1) of the Constitution.

The court said the parties and their family members were involved in numerous litigations during the brief period of their marital relationship.

The bench said the marriage did not really take off at all, observing no continuous cohabitation of the estranged couple.

Considering the point of alimony, the court said the wife claimed the estranged husband had a net-worth of Rs 5,000 crore with multiple businesses and properties in the US and in India, and had paid the first wife at least Rs 500 crore upon separation, excluding a house in Virginia.

“Thus, she claims permanent alimony commensurate to the status of the respondent-husband and on the same principles as was paid to the first wife of the respondent,” the bench noted.

The court expressed serious reservations with the tendency of the parties seeking maintenance or alimony as an equalisation of wealth with the other party.

The bench said it was often seen that parties in their application for maintenance or alimony highlighted the assets, status and income of their spouse, and then asked for an amount that could equal their wealth of the spouse.

“However, there is an inconsistency in this practice, because the demands of equalisation are made only in cases where the spouse is a person of means or is doing well for himself,” it said.

The bench wondered if the wife would be willing to seek an equalisation of wealth if due to some unfortunate event, post-separation, he was rendered a pauper.

Fixing alimony depends on various factors and there cannot be any straight-jacket formula, it said.

In the joint plea jointly seeking dissolution of their marriage by a decree of mutual divorce, the husband had agreed to pay a sum of Rs 8 crore towards full and final settlement of all claims.

“The family court at Pune has assessed Rs 10 crore as the quantum of permanent alimony that petitioner could be entitled to. We accept the said finding of the family court, Pune. An additional amount of Rs 2 crore is liable to be paid to the petitioner so as to enable her to acquire another flat…,” said the bench.

The court also quashed the criminal cases filed by the wife against the estranged husband. 

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)



Source link

Nation Tags:Alimony, Divorce, Strict Laws For women, Supreme Court, Supreme Court On Alimony

Post navigation

Previous Post: Corruption may hamper China military modernization: Pentagon
Next Post: 11-Minute Stare-Down As Oleksandr Usyk, Tyson Fury Set For Riyadh Rematch

Related Posts

  • Woman Raped By Man Whose Daughter Eloped With Her Brother In Punjab: Cops
    Woman Raped By Man Whose Daughter Eloped With Her Brother In Punjab: Cops Nation
  • Access Denied
    Access Denied Nation
  • Newly-Married Couple Among 27 Killed In Rajkot Gaming Zone Fire
    Newly-Married Couple Among 27 Killed In Rajkot Gaming Zone Fire Nation
  • Ex PM Manmohan Singh Lost Consciousness At Home: AIIMS Statement
    Ex PM Manmohan Singh Lost Consciousness At Home: AIIMS Statement Nation
  • PM Modi To Release Rs 20,000 Crore To Farmers During Varanasi Visit
    PM Modi To Release Rs 20,000 Crore To Farmers During Varanasi Visit Nation
  • Supreme Court Raps Ranveer Allahbadia
    Supreme Court Raps Ranveer Allahbadia Nation

More Related Articles

Himanta Sarma’s Dynasty Attack On Rahul Gandhi Himanta Sarma’s Dynasty Attack On Rahul Gandhi Nation
5 Points About INS Brahmaputra, Which Caught Fire 5 Points About INS Brahmaputra, Which Caught Fire Nation
Case Against Nagpur Cop For Sexually Harassing 22-Year-Old Woman: Police Case Against Nagpur Cop For Sexually Harassing 22-Year-Old Woman: Police Nation
India Must Impose More Tax On Its Super-Rich People: French Economist India Must Impose More Tax On Its Super-Rich People: French Economist Nation
Access Denied Access Denied Nation
Access Denied Access Denied Nation
SiteLock

Archives

  • May 2026
  • April 2026
  • March 2026
  • February 2026
  • January 2026
  • December 2025
  • November 2025
  • October 2025
  • September 2025
  • August 2025
  • July 2025
  • June 2025
  • May 2025
  • April 2025
  • March 2025
  • February 2025
  • January 2025
  • December 2024
  • November 2024
  • October 2024
  • September 2024
  • August 2024
  • July 2024
  • June 2024
  • May 2024
  • April 2024
  • March 2024
  • February 2024
  • January 2024
  • December 2023
  • November 2023
  • October 2023
  • September 2023
  • August 2023
  • July 2023
  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022

Categories

  • Business
  • Nation
  • Science
  • Sports
  • World

Recent Posts

  • BEST conductor dies in accident involving four buses in Mumbai
  • Nayar reckons KKR got a par total, rues missed chances
  • Pope Leo decries European military spending as ‘betrayal’ of diplomacy
  • Scent Of Rain, Shutterfly, Stud Poker and Starzella please
  • New factional battle lines emerge in Congress hours after nomination of Kerala CM

Recent Comments

  1. JamesHeR on UP Teacher Who Asked Students To Slap Muslim Classmate
  2. RafaelNar on UP Teacher Who Asked Students To Slap Muslim Classmate
  3. CarlosExorb on UP Teacher Who Asked Students To Slap Muslim Classmate
  4. Robertfloup on UP Teacher Who Asked Students To Slap Muslim Classmate
  5. Davidcag on UP Teacher Who Asked Students To Slap Muslim Classmate
  • Four dead after fuel station blast in Russia’s Chechnya – ministry
    Four dead after fuel station blast in Russia’s Chechnya – ministry World
  • Stock markets fall in early trade as fresh foreign fund outflows hurt sentiment
    Stock markets fall in early trade as fresh foreign fund outflows hurt sentiment Business
  • Hamas mourns Ebrahim Raisi’s death, hails his ‘support for Palestinian resistance’
    Hamas mourns Ebrahim Raisi’s death, hails his ‘support for Palestinian resistance’ World
  • Access Denied Sports
  • ISRO Chief S Somanath To NDTV
    ISRO Chief S Somanath To NDTV Nation
  • Access Denied World
  • Access Denied Sports
  • ‘Match should go on’: Supreme Court refuses urgent listing of plea against India-Pakistan Asia Cup match
    ‘Match should go on’: Supreme Court refuses urgent listing of plea against India-Pakistan Asia Cup match Sports

Editor-in-Chief:
Mohammad Ariff,
MSW, MAJMC, BSW, DTL, CTS, CNM, CCR, CAL, RSL, ASOC.
editor@artifex.news

Associate Editors:
1. Zenellis R. Tuba,
zenelis@artifex.news
2. Haris Daniyel
daniyel@artifex.news

Photograher:
Rohan Das
rohan@artifex.news

Artifex.News offers Online Paid Internships to college students from India and Abroad. Interns will get a PRESS CARD and other online offers.
Send your CV (Subjectline: Paid Internship) to internship@artifex.news

Links:
Associate Journalism
About Us
Privacy Policy

News Links:
Breaking News
World
Nation
Sports
Business
Entertainment
Lifestyle

Registered Office:
72/A, Elliot Road, Kolkata - 700016
Tel: 033-22277777, 033-22172217
Email: office@artifex.news

Editorial Office / News Desk:
No. 13, Mezzanine Floor, Esplanade Metro Rail Station,
12 J. L. Nehru Road, Kolkata - 700069.
(Entry from Gate No. 5)
Tel: 033-46011099, 033-46046046
Email: editor@artifex.news

Copyright © 2023 Artifex.News Newsportal designed by Artifex Infotech.