Wife refused to consent to divorce, Supreme Court took steps to end the marriage. india news
New Delhi: In a classic case of how court proceedings are misused in matrimonial disputes – a woman agreed to a divorce and signed a financial settlement for separation, but after receiving a huge chunk of money from her husband, she not only reneged on the promise, but also filed a criminal case against him and his family members. The Supreme Court on Monday used its jurisdiction under Article 142 to dissolve the marriage and quashed the domestic violence case. Although the wife said she withdrew her consent because the husband did not return her jewelery worth Rs 120 crore and gold biscuits worth Rs 50 crore, which were not mentioned in the agreement “to avoid alerting the Income Tax Department”, a bench of Justices Rajesh Bindal and Vijay Bishnoi refused to give credence to her allegation, observing that the issue was not mentioned anywhere. “It is common law that once the parties have entered into a settlement agreement, which has been duly certified by the arbitrator, in case of any flexibility from the terms agreed in the agreement, the opposing party will have to bear the burden of heavy costs. Any deviation from the terms of the agreement arrived at in mediation and subsequently confirmed by the Court must be dealt with strictly as such deviation attacks the very foundation of the entire process of arbitration,” the bench said. Noting the wife’s claims about gold worth Rs 170 crore and the husband’s insistence that she kept these terms out of the settlement agreement to avoid any liability towards wealth tax, the court termed her arguments as “extremely serious”. “We are appalled by the audacity to appear before the court and condemn the clear disregard for the legal system displayed,” it said.
