Kiran Jyot Maini v. Anish Pramod Patel
Case at a glance
Outcome
Allowed
Consequently, the appeals are allowed, the orders and judgments
Provisions considered
- Constitution of India arts. 142, 142(1), 227
- Indian Penal Code, 1860 ss. 323, 498A, 504
- Dowry Prohibition Act, 1961 ss. 3, 4
- Protection of Women from Domestic Violence Act, 2005 s. 12
- Code of Criminal Procedure, 1973 s. 482
- Special Marriage Act, 1954 s. 17(1)(d)
Judgment
Held: Both the parties have high standards of living, which the appellant-wife continued to enjoy after their separation as well – Though both of them are well qualified and gainfully employed, the respondent earns approximately five times the monthly income of the appellant – Respondent has certain obligations towards three dependants, his own expenses, and certain bank loans, but he also evidently has the financial capacity to maintain his former wife – He has the legal obligation as also the financial capacity to maintain his wife after dissolution of marriage – Award of maintenance or permanent alimony should not be penal but should be for the purposes of ensuring a decent living standard for the wife – Keeping in view the social and financial status of the parties, their current employments as well as future prospects, standards of living, and their obligations, liabilities, and other expenses, respondent to pay Rs.2 Crores towards permanent alimony to the appellant within the time stipulated. [Paras 30, 32-34] Maintenance – Permanent alimony – Fair amount of – Law as regards adjudication and determination of one-time settlement – Factors to be considered – Discussed. Case Law Cited Hitesh Bhatnagar v. Deepa Bhatnagar [2011] 6 SCR 118 : (2011) 5 SCC 234; Ashok Hurra v. Rupa Bipin Zaveri [1997] 2 SCR 875 : (1997) 4 SCC 226; Shilpa Sailesh v. Varun Sreenivasan [2023] 5 SCR 165 : (2022) 15 SCC 754; Vinny Paramvir Parmar v. Paramvir Parmar [2011] 9 SCR 371 : 2011 (13) SCC 112; Vishwanath Agrawal v. Sarla Vishwanath Agrawal [2012] 7 SCR 607 : (2012) 7 SCC 288; Rajnesh v. Neha and Another [2020] 13 SCR 1093 : (2021) 2 SCC 32 – relied on. Kiran Jyot Maini v. Anish Pramod Patel 944 [2024] 7 S.C.R.
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Consequently, the appeals are allowed, the orders and judgments
Which statutory provisions did this judgment involve?
Constitution of India — arts. 142, 142(1), 227; Indian Penal Code, 1860 — ss. 323, 498A, 504; Dowry Prohibition Act, 1961 — ss. 3, 4; Protection of Women from Domestic Violence Act, 2005 — s. 12; Code of Criminal Procedure, 1973 — s. 482; Special Marriage Act, 1954 — s. 17(1)(d).
Which court decided this case, and when?
Supreme Court of India, on 15 Jul 2024. The bench was VIKRAM NATH, PRASHANT KUMAR MISHRA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.