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Vennangot Anuradha Samir v. Vennangot Mohandas Samir

Transfer Petition (Civil) · Neutral citation not assigned (Transfer Petition (Civil) No. 702 of 2015)Decided 2 Dec 2015
Transfer Petition (Civil) No. 702 of 2015
Justice M.Y. Eqbal · Justice C. Nagappan

Background

The couple married in April 2010 after a love marriage, and separated in 2013. The husband filed for divorce in Bombay alleging cruelty, while the wife, who lives in Hyderabad with her parents, asked the Supreme Court to transfer the case there. During mediation the husband agreed to pay Rs 12.5 lakh as a full and final settlement, and the parties then applied for a divorce by mutual consent; the wife's medical certificate showed she had a serious illness that needed urgent funds for treatment.

Decision Breakdown

The Court allowed the transfer, so the divorce case moves to the Family Court at Hyderabad. It refused to grant a mutual-consent divorce straight away, because the wife appeared to have agreed to divorce while in urgent need of money for cancer treatment, and it was not satisfied that her consent was free, as required by Section 13B and Section 23(1)(bb) of the Act. It further held that the husband's promise to pay for her treatment was a duty he already owed under the law, so it could not serve as valid consideration for the settlement. It directed him to pay Rs 5 lakh immediately for treatment, and directed the Hyderabad court to take up a fresh mutual-consent petition once she is cured or after six months, whichever is earlier, after satisfying itself that consent is free.

Lesson Learnt

A divorce by mutual consent is valid only if both spouses genuinely agree, and a court will look closely when one spouse is under financial or medical pressure. A payment that a spouse is already legally obliged to make cannot be presented as the price of agreeing to a divorce.

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

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