The Supreme Court told a man on Tuesday that he can divorce his wife but cannot divorce his children and directed him to pay Rs 4 crore in settlement within six weeks.
The top court also exercised its plenary powers under Article 142 of the Constitution and granted divorce by mutual consent to the couple, staying separately since 2019.
A bench of Justices D Y Chandrachud and M R Shah said that all other conditions of settlements, reached between the estranged couple will be followed as per the agreement.
During the hearing, counsel appearing for the husband said that in the mediation proceedings, a settlement has been reached between both the parties but he needed some more time to pay Rs 4 crore amount to her, as due to the pandemic his business has enormously suffered.
“You yourself have agreed in the settlement that the day decree of divorce will be granted, you will be paying her Rs 4 crore. Now this financial constraint argument will not hold good.
"You can divorce your wife but you cannot divorce your children as you have given birth to them. You have to take care of them. You will have to pay her the amount to maintain herself and the minor children,” the bench said.
It directed the husband to pay Rs 1 crore by September 1, 2021 and another Rs 3 crore by September 30, 2021.