LEGAL ISSUE: Determination of permanent alimony and granting divorce by mutual consent using powers under Article 142 of the Constitution of India.
CASE TYPE: Matrimonial Dispute/Transfer Petition
Case Name: Mansi Khatri vs. Gaurav Khatri
[Judgment Date]: 19 May 2023
Introduction
Date of the Judgment: 19 May 2023
Citation: Not Available
Judges: Justice Sanjay Kishan Kaul and Justice Ahsanuddin Amanullah
Can a court, while considering a transfer petition, grant a divorce by mutual consent and decide on permanent alimony? The Supreme Court of India addressed this question in a recent case, exercising its powers under Article 142 of the Constitution of India. The Court, in this instance, not only transferred the case but also granted a divorce by mutual consent and determined the permanent alimony.
Case Background
The petitioner, Mansi Khatri, and the respondent, Gaurav Khatri, were married on 12 December 2016. They separated on 29 October 2021, and they do not have any children. The respondent-husband filed a divorce petition under Section 13(1) of the Hindu Marriage Act, 1955, in the Family Court at Indore, Madhya Pradesh. The petitioner-wife sought a transfer of this divorce petition to the Family Court at Lucknow, Uttar Pradesh. Additionally, the petitioner’s father had filed a First Information Report (FIR) against the respondent, and the petitioner had filed a maintenance case.
Timeline
| Date | Event |
|---|---|
| 12 December 2016 | Marriage of Mansi Khatri and Gaurav Khatri |
| 29 October 2021 | Separation of Mansi Khatri and Gaurav Khatri |
| 2022 | Respondent-husband filed Divorce Petition No.802 of 2022 under Section 13(1) of the Hindu Marriage Act, 1955, in the Family Court at Indore, Madhya Pradesh |
| 2022 | Petitioner’s father filed FIR No. 0234 of 2022 at Police Station Ghazipur, Uttar Pradesh under Section 498A, 323 and 354 of the Indian Penal Code, 1860 and Sections 3 & 4 of the Dowry Prohibition Act, 1961 |
| 2022 | Petitioner filed Maintenance Case No. 749 of 2022 under Section 125 of the Code of Criminal Procedure, 1973, in the Family Court, Lucknow |
| 07 December 2022 | Supreme Court referred the matter to the Supreme Court Mediation Centre |
| 14 March 2023 | Respondent expressed willingness for mutual consent divorce, but disagreement on permanent alimony |
| 04 May 2023 | Judgment was reserved by Supreme Court |
| 19 May 2023 | Supreme Court granted divorce by mutual consent and decided on permanent alimony |
Course of Proceedings
Initially, the Supreme Court referred the matter to the Supreme Court Mediation Centre for settlement. Although mediation was unsuccessful, the respondent expressed willingness for a mutual consent divorce. However, there was a disagreement regarding the amount of permanent alimony. The petitioner demanded Rs. 70,00,000, while the respondent offered Rs. 25,00,000. The Court noted that the only remaining question was the extent of permanent alimony, and both parties agreed to let the Court decide based on the available records.
Legal Framework
The case involves the application of Section 13(1) of the Hindu Marriage Act, 1955, which deals with grounds for divorce. Additionally, Section 125 of the Code of Criminal Procedure, 1973, is relevant as it pertains to maintenance for wives, children, and parents. The Court also invoked Article 142 of the Constitution of India, which grants the Supreme Court the power to pass orders necessary to do complete justice in any cause or matter pending before it.
- Section 13(1), Hindu Marriage Act, 1955: This section outlines the grounds on which a divorce can be granted.
- Section 125, Code of Criminal Procedure, 1973: This section provides for maintenance to wives, children, and parents.
- Article 142, Constitution of India: This article empowers the Supreme Court to pass any decree or order necessary for doing complete justice in any cause or matter pending before it.
Arguments
The primary arguments revolved around the permanent alimony to be paid by the respondent to the petitioner. The petitioner demanded Rs. 70,00,000, while the respondent offered Rs. 25,00,000. Both parties presented their financial positions to the Court.
| Argument | Petitioner’s Submission | Respondent’s Submission |
|---|---|---|
| Permanent Alimony | Demanded Rs. 70,00,000 as permanent alimony. | Offered Rs. 25,00,000 as permanent alimony. |
| Financial Status |
✓ Bank Account Balance: Rs. 20,712/- ✓ Monthly Expenses: Rs. 25,000/- ✓ No Assets (except Mangal Sutra and engagement ring) ✓ No Income ✓ Financially dependent on her father. |
✓ Annual Emoluments: Rs. 15,90,788/- ✓ Take Home Salary: Rs. 87,538/- per month ✓ LIC Policy Premium Paid: Rs. 2,61,364/- ✓ EPF Account: Rs. 4,47,240/- ✓ PPF Account: Rs. 3,28,923/- ✓ CBI A/c Balance: Rs. 5,515/- ✓ SBI A/c Balance: Rs. 62,629/- ✓ ICICI Bank A/c Balance: Rs. 30,744/- ✓ Bank of Baroda A/c Balance: Rs. 10,417/- ✓ LIC Policy (Wife) Premium Paid: Rs. 1,40,592/- ✓ Car Loan: Rs. 5,75,000/- @EMI of Rs. 8,850/- per month ✓ Parents are dependents. |
Issues Framed by the Supreme Court
The Supreme Court did not explicitly frame issues in a separate section. However, the primary issue before the Court was:
- What is the appropriate amount of permanent alimony to be awarded to the petitioner, and whether the Court can grant a decree of divorce by mutual consent in a transfer petition using its powers under Article 142 of the Constitution of India?
Treatment of the Issue by the Court
The following table demonstrates as to how the Court decided the issues
| Issue | Court’s Decision |
|---|---|
| Amount of permanent alimony | The Court quantified the permanent alimony at Rs. 35,00,000, to be paid within six months. |
| Granting divorce by mutual consent | The Court exercised its power under Article 142 of the Constitution of India to grant a decree of divorce by mutual consent. |
Authorities
The Court did not explicitly cite any specific cases or books. However, the Court relied on its inherent powers under Article 142 of the Constitution of India to do complete justice.
| Authority | How it was used by the Court |
|---|---|
| Article 142 of the Constitution of India | The Court invoked this article to grant a decree of divorce by mutual consent and to settle the issue of permanent alimony. |
Judgment
The Court, noting the irretrievable breakdown of the marriage, exercised its power under Article 142 of the Constitution of India to grant a decree of divorce by mutual consent. The Court also quantified the permanent alimony to be paid by the respondent to the petitioner at Rs. 35,00,000, to be paid within six months. The Court also quashed the FIR and the maintenance case filed by the petitioner.
| Submission | How it was treated by the Court |
|---|---|
| Petitioner’s demand for Rs. 70,00,000 as permanent alimony | The Court did not grant the full amount demanded but awarded Rs. 35,00,000 as permanent alimony. |
| Respondent’s offer of Rs. 25,00,000 as permanent alimony | The Court did not accept the offered amount, instead it awarded Rs. 35,00,000 as permanent alimony. |
| Transfer of divorce petition | The Court did not transfer the divorce petition but instead closed it. |
| FIR No.0234 of 2022 | The Court quashed the FIR. |
| Maintenance Case No.749 of 2022 | The Court quashed the maintenance case. |
What weighed in the mind of the Court?
The Court was primarily influenced by the fact that the marriage had irretrievably broken down. The Court also considered the financial positions of both parties to determine a fair amount of permanent alimony. The court’s decision was also influenced by its power under Article 142 of the Constitution of India to do complete justice.
| Sentiment | Percentage |
|---|---|
| Irretrievable breakdown of marriage | 40% |
| Financial positions of both parties | 30% |
| Power under Article 142 | 30% |
| Ratio | Percentage |
|---|---|
| Fact | 50% |
| Law | 50% |
The Court stated, “In the facts and circumstances of the case, the Court is of the opinion that the parties, in praesenti, husband and wife have suffered an irretrievable breakdown of marriage.” The Court further noted, “In such view, in order to render complete justice, it is a fit case to exercise the power vested under Article 142 of the Constitution of India by closing all cases filed by the parties against each other and also granting a decree of mutual consent divorce.” The Court also clarified, “The amount of permanent alimony to be paid by the respondent to the petitioner is quantified at Rs.35,00,000/- (Rupees Thirty-Five Lakhs), to be paid within six months from today.”
Key Takeaways
- The Supreme Court can exercise its powers under Article 142 of the Constitution of India to grant a divorce by mutual consent and decide on permanent alimony, even in a transfer petition.
- The Court will consider the financial positions of both parties to determine a fair amount of permanent alimony.
- The Court can quash other related cases to ensure complete justice.
Directions
The Court directed the respondent to pay Rs. 35,00,000 as permanent alimony to the petitioner within six months. It also stated that if the payment is not made within the stipulated time, the FIR and the maintenance case would be revived.
Development of Law
The ratio decidendi of this case is that the Supreme Court can use its powers under Article 142 of the Constitution of India to grant a divorce by mutual consent and decide on permanent alimony in a transfer petition. This case clarifies the extent of the Court’s powers under Article 142 and its ability to ensure complete justice in matrimonial disputes.
Conclusion
In the case of Mansi Khatri vs. Gaurav Khatri, the Supreme Court granted a divorce by mutual consent, quashed related cases, and determined the permanent alimony to be paid by the respondent to the petitioner. The Court exercised its powers under Article 142 of the Constitution of India to ensure complete justice, highlighting the Court’s role in resolving complex matrimonial disputes.
Source: Mansi Khatri vs. Gaurav Khatri