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Rama Shankar Srivastava v. The State of Uttar Pradesh

Criminal Appeal · 2017 INSC 712Decided 4 Aug 2017
Criminal Appeal No. 1339 of 2017
Justice Kurian Joseph · Justice R. Banumathi

Background

The appellant, an elderly and ailing man, challenged a High Court order directing him to pay maintenance to his estranged wife (Respondent No.2), from whom he had been living separately since 1994. The Supreme Court had earlier stayed the High Court's order on condition he pay Rs. 50,000 to his wife and had repeatedly tried to help the parties reach a one-time settlement over several hearing dates, with the wife's counsel indicating she was open to settling for a lump sum rather than ongoing maintenance.

Decision Breakdown

On the final hearing date the wife herself was again absent (reported unwell), though her counsel confirmed she was willing to settle for a reasonable lump sum, and the husband's counsel offered an additional Rs. 2.5 lakh over and above the Rs. 50,000 already paid. In the wife's absence, the Supreme Court held it could not itself finally fix the settlement amount, and concluded the High Court at its Lucknow Bench was better placed to finalize the settlement and complete the divorce formalities. It set aside the impugned maintenance order, remitted the matter to the Lucknow Bench with a direction that both parties appear there on 01.09.2017, and disposed of the appeal on these terms.

Lesson Learnt

Appellate courts will actively encourage parties in matrimonial disputes to reach a one-time financial settlement rather than fight over recurring maintenance, but where the finer terms of such a settlement cannot be nailed down in the appellate court's presence, the matter is sent back to the court best placed to supervise the parties' final agreement.

Official source (sci.gov.in)View Judgment (PDF)

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