Alimony battle comes to an end in Supreme Court after woman gets Mumbai flat from ex-husband

The Supreme Court on Tuesday brought an end to acrimonious matrimonial dispute between a couple, directing the man to give his ex-wife a flat in Mumbai as alimony.

A Bench of Chief Justice of India BR Gavai and Justice K Vinod Chandran granted divorce to the couple based on the said arrangement.

The case had attracted substantial attention after the wife had raised a demand of ₹12 crore and a flat in Mumbai from her estranged husband.

When the matter was heard on July 21, the top court had taken exception to the wife's demand, given the short duration of the marriage and the woman’s professional background.

CJI Gavai had then noted that the flat in question was in Kalpataru, a well-known housing project. He had asked the woman about her educational and professional qualifications and learned that she held an MBA and had worked in the IT sector.

“You are employable in places like Bengaluru and Hyderabad. Why not work?” he had asked.

Referring to the brief duration of the marriage, the Chief Justice had observed,

“It lasted just 18 months. And you are seeking a crore a month?”

Senior Advocate Madhavi Divan, assisted by Advocate on Record Prabhjit Jauhar, representing the husband, had argued that the woman could not expect full financial support indefinitely.

“She is educated and capable of working,” Divan submitted, adding that the demands were excessive and not rooted in legal entitlement.

The Bench then sought details of the husband's income tax records to enable it to determine a fair settlement.

The Chief Justice had also reminded the woman that she could not lay claim to properties held by her husband's father.

Eventually, the Bench reserved its judgment after saying that the woman has two options - either accept the flat without any legal encumbrance or take a lump sum settlement of ₹4 crore.

The CJI was categorical in stating that those who are educated and capable should not choose unemployment by choice and then claim exaggerated maintenance.

“You are well educated. You should not be depending on handouts. You should earn and live with dignity," the Chief Justice had said on July 21.

In the order pronounced today, the Court brought the matter to a close by allowing the flat to be granted to the wife.

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