USHA UDAY KHIWANSARA versus UDAY KUMAR JETHAMAL KHIWANSARA

USHA UDAY KHIWANSARA versus UDAY KUMAR JETHAMAL KHIWANSARA

The Court exercised power under Article 142 of the Constitution, noting irretrievable breakdown of marriage, over a decade of separation, no possibility of reunion, and no issue from wedlock. Subject to the husband's payment of Rs. 30 lakhs as permanent alimony and Rs. 5 lakhs for medical expenses to the wife, the marriage is dissolved and all litigations between the parties are quashed.

Parties
Appellant Wife: Usha Uday Khiwansara; Respondent Husband: Uday Kumar Jethamal Khiwansara
Jurisdiction
India
Judgment Date
17 July 2018
Procedural Posture
Civil Appeal / Appeal Against Ex Parte Divorce Decree Granted by High Court
Outcome
Appeal disposed of in terms of settlement; marriage dissolved subject to fulfillment of alimony and medical expenses payments; no costs.
Legal Topics
Dissolution of Marriage, Divorce, Irretrievable Breakdown, Permanent Alimony, Article 142
Matrimonial Law Dissolution of Marriage Divorce Irretrievable Breakdown Permanent Alimony Article 142

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Parties

Usha Uday Khiwansara

Appellant Wife

Uday Kumar Jethamal Khiwansara

Respondent Husband

Procedural Posture

Civil Appeal / Appeal Against Ex Parte Divorce Decree Granted by High Court

Legal Issues

  1. 1 Whether the ex parte divorce decree granted by the High Court without hearing the wife was justified
  2. 2 Whether dissolution of marriage can be ordered in exercise of Article 142 of the Constitution

Ratio Decidendi

The Court exercised power under Article 142 of the Constitution, noting irretrievable breakdown of marriage, over a decade of separation, no possibility of reunion, and no issue from wedlock. Subject to the husband's payment of Rs. 30 lakhs as permanent alimony and Rs. 5 lakhs for medical expenses to the wife, the marriage is dissolved and all litigations between the parties are quashed.

Court Disposition

Appeal disposed of in terms of settlement; marriage dissolved subject to fulfillment of alimony and medical expenses payments; no costs.

Orders

  • Respondent-husband to pay Rs. 30 lakhs as permanent alimony to appellant-wife within one month.
  • Respondent-husband to pay Rs. 5 lakhs toward wife's medical expenses along with alimony payment.