Kids' maintenance not covered by one-time divorce settlement: SC

NEW DELHI: Supreme Court on Tuesday said one-time settlement (OTS) at the time of divorce, under which a man pays the woman a lump sum as life-long maintenance expenses, would not include the money needed for bringing up children born during subsistence of the marriage.

A bench of Justices K V Viswanathan and N Kotiswar Singh made the observation as a woman, with two children, pleaded that the high court could not have granted divorce on the ground that the marriage had broken down beyond repair, which the SC alone could grant using its omnibus powers under Article 142 of the Constitution.

The petitioner, through advocate Rituparn Uniyal, said one of the children was suffering from diabetes and she would require lifelong treatment. For the man, senior advocate Sanjay Hegde said his client had paid an OTS of Rs 3 crore to the woman, from whom he had sought divorce because of her adulterous life.

However, the bench said "there is no OTS when children are concerned". To this, Hegde said his client was willing to bear the expenses of the daughters, who are also his children. He said right through the proceedings before the HC, the woman, who is an architect, had maintained that she did not need anything.

The HC annulled the marriage on Nov 18 last year and the man paid her Rs 3 crore on Feb 17, Hegde said, adding that he got remarried on March 17. Much after the limitation period, the woman had now filed a petition challenging the HC order.

The bench said since much water had flowed since HC order and the fact that the man had remarried, issues relating to maintenance expense of children and visitation rights, as well as any outstanding issue, should be resolved through mediation.

It appointed former Supreme Court judge Kurian Joseph as the mediator.