SAU. JIYA versus KULDEEP

SAU. JIYA versus KULDEEP

Given (a) the parties lived together for only about two months, (b) the husband had remarried, (c) the marriage had irretrievably broken down and the Court would not interfere with the divorce decree, and (d) the respondent was not forthright in disclosing income and assets, a one-time permanent alimony of Rs.10,00,000 payable within three months was equitable to meet the appellant's rights without imposing an unreasonable burden on the respondent; the divorce decree granted below is upheld insofar as finalising the grant of divorce.

Parties
Appellant: Sau. Jiya; Respondent: Kuldeep
Jurisdiction
India
Judgment Date
31 January 2025
Procedural Posture
Civil Appeal / Appeal to the Supreme Court (judgment on Merits After Mediation Efforts)
Outcome
Appeal partly allowed
Legal Topics
Permanent Alimony, Divorce, One Time Settlement, Maintenance, Disclosure of Assets
Family Law Matrimonial Law Civil Procedure Permanent Alimony Divorce One Time Settlement Maintenance Disclosure of Assets

Case Brief

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Parties

Sau. Jiya

Appellant

Kuldeep

Respondent

Procedural Posture

Civil Appeal / Appeal to the Supreme Court (judgment on Merits After Mediation Efforts)

Legal Issues

  1. 1 Whether the Supreme Court should interfere with the divorce decree granted by the Family Court and confirmed by the High Court
  2. 2 Quantum and nature of maintenance/permanent alimony payable post-divorce having regard to the parties' financial positions and remarriage of the husband
  3. 3 Whether a one-time lump-sum settlement is appropriate and, if so, its quantum

Ratio Decidendi

Given (a) the parties lived together for only about two months, (b) the husband had remarried, (c) the marriage had irretrievably broken down and the Court would not interfere with the divorce decree, and (d) the respondent was not forthright in disclosing income and assets, a one-time permanent alimony of Rs.10,00,000 payable within three months was equitable to meet the appellant's rights without imposing an unreasonable burden on the respondent; the divorce decree granted below is upheld insofar as finalising the grant of divorce.

Court Disposition

Appeal partly allowed

Orders

  • Impugned order dated 25.04.2018 upheld to the extent of finalising the grant of divorce
  • Respondent directed to pay Rs. 10,00,000 (Rupees Ten Lakhs only) as one-time permanent alimony to the appellant within three months