This Supreme Court order pertains to the year 2019 where the apex court asked the husband to pay lump sum maintenance to his wife, despite the fact that the divorce decree was granted to the man on grounds of cruelty by wife.
A bench of Justice Navin Sinha and Justice Indira Banerjee passed the order in the case titled as KIRAN YADAV vs DHARAM PAL YADAV on 22.08.2019. According to Supreme Court:
The appellant (wife) is aggrieved by the order denying her maintenance on the ground that in view of the decree of divorce granted on the grounds of cruelty and desertion in favour of the respondent, she is not entitled to maintenance under Section 125 of the Code of Criminal Procedure.
The top Court subsequently remarked the below and disposed off the matter. The order read:
The only issue involved is with regard to grant of maintenance. We have considered the submissions made on behalf of the parties. We are of the considered opinion that the matter needs to be given a quietus in the facts and circumstances of the case. Our suggestion for a lump sum settlement was accepted by the learned counsel appearing for the parties. We, therefore, close the present proceedings by awarding a lump sum amount of Rs.6,00,000/- (Rupees six lac only) to the appellant over and above whatever may have been paid earlier.
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