‘Matrimonial battle of Mahabharata’: SC closes 10-year divorce case, quashes 80 cases

A prolonged legal battle that lasted for 10 years and involved a whopping 80 cases filed by the estranged husband and wife against each other during the course of a divorce case finally came to an end with the Supreme Court dissolving their marriage and quashing all the cases. The couple had been living separately for 10 years.

The scale and long-drawn nature of the legal squabble were such that even the Supreme Court termed it as the “matrimonial battle of Mahabharata.”

SC raps husband’s conduct

The verdict was given by a bench of Justice Vikram Nath and Justice Sandeep Mehta on Wednesday (April 9) who chided the conduct of the respondent-husband, a lawyer by profession, for using his legal knowledge to prolong the case and even going to the extent of filing nine case against his wife’s counsel to intimidate them along with initiating legal proceedings against her relatives.

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“The respondent-husband was exploiting his knowledge as a law professional to frustrate the proceedings and to intimidate the advocates appearing for the appellant-wife…”, stated the court as quoted by Live Law.

Alimony dispute and ‘subterfuge’ claim

During the course of the proceedings, the respondent-husband took the stand that he was in no position to pay permanent alimony, pointing to his recent resignation from the company’s directorship, a claim the Court was not inclined to accept, terming it a ‘subterfuge’.

The Court also rejected the husband’s argument that the appellant-wife, being well-qualified and professionally trained, was capable of sustaining herself and their children residing abroad.

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It instead observed that “maintenance, upbringing and the education of the son would require significant financial resources, especially considering today's high cost of living and education. Thus, even if the appellant-wife is highly educated and professionally qualified, that by itself cannot be a reason to absolve the respondent-husband from his matrimonial, paternal, moral and legal responsibility to provide for his wife and children.”

Rs 5 crore settlement and conditions

Reinforcing its view, the Court added, “We find force in the submission that the respondent-husband's claim of financial incapacity is nothing but a subterfuge to evade his legal and moral obligations.”

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The Court directed the respondent-husband to pay a sum of Rs. 5 crore towards permanent alimony to the appellant-wife, treating it as a full and final settlement between the parties.

At the same time, the appellant-wife was asked to vacate the residential apartment owned by the respondent’s father, with both sides required to place undertakings before the Court, the wife confirming that she had peacefully vacated and handed over possession of the flat, and the husband stating that he would refrain from initiating any further civil or criminal proceedings against the appellant-wife, her relatives, or her lawyers.

All cases quashed

All pending cases involving the parties, their relatives, and the wife’s counsel were set aside.

The marriage, in consequence, stood dissolved on the ground of irretrievable breakdown, with the Court invoking its powers under Article 142 of the Constitution.