The Supreme Court on August 22, 2019, in the case of Kiran Yadav v. Dharam Pal Yadav
has directed the husband to pay a lump sum amount of Rs 6,00,000 as maintenance despite the fact that husband was able to get a decree of divorce on the grounds of cruelty and desertion by wife.A Bench comprising of Justice Navin Sinha
and Justice Indira Banerjee
has passed the order on an appeal filed by the wife denying her maintenance under Section 125
of the Code of Criminal Procedure, 1973
, in view of the decree of divorce granted in favour of the husband.
The only issue for consideration before the Bench was with regard to grant of maintenance.The Bench disposed of the matter by saying
“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.”