Anuradha v. Mohandas, [Transfer Petition 702 of 2015]
The Petitioner got married to the Respondent in 2010. The Petitioner was a divorcee. It was a love marriage.
In 2015, the Respondent filed for a decree of divorce before The Family Court, Bombay. The Petitioner moved an application before the SC for a transfer of that divorce case to Hyderabad, where she way staying. On 28.08.2015, the counsel requested for an amicable settlement.
The Respondent-Husband agreed to pay Rs. 12.5 Lakhs to the Petitioner. But only at the time of the decree for divorce.
November 2015 – the Petitioner filed additional documents before the SC disclosing that she is suffering from a life threatening disease. She had agreed to her Husband’s offer “in order to save her life by getting money.” The SC duly considered that a decree for divorce could wait its turn; described a wife as half the body of her husband and ordered that Rs. 5 Lakhs be paid to the Petitioner within 7 days.
Whether or not the Petitioner is fully cured of the disease, The Family Court, Hyderabad shall take up the divorce case after 6 months.
The cost of the treatment of the Petitioner may well go beyond the Rs. 12.5 Lakhs her Husband has agreed to pay. The Respondent-Husband should have to pay more to the Wife, eventually. Meeting her medical expenses is merely his “pre-existing duty“.