A woman who negotiated a divorce settlement and then changed her mind about the divorce, had her marriage dissolved by an irked Supreme Court, which said changing one's mind at that stage is unacceptable.
The court said in cases of mutual divorce, any party can withdraw its consent before the final order, but if a complete and final settlement has been reached and is approved by the court, then going back on that agreement will not be accepted. Heavy fines should be imposed in such cases, added the bench of Justices Rajesh Bindal and Vijay Vishnoi.
After the settlement was finalised, the woman had claimed that her husband had also promised to return jewellery worth Rs 120 crore and gold biscuits worth Rs 50 crore, but these promises were not put in writing to avoid tax. The husband later refused to hand over the valuables and the women then refused divorce him and filed a domestic violence case.
The top court expressed strong displeasure, saying this was the first domestic violence case in a 23-year marriage and it appeared that the case was filed deliberately to continue the dispute. Such an argument is a serious disrespect to the judicial system, the judges said.
Withdrawal from settlement can be permitted only in very few situations - including fraud, coercion, undue influence, or failure by the other party to comply with agreed terms, the court underscored.
In its judgment, the court also said, " Another argument raised by the Respondent-Wife, that she only agreed to exclude these terms from the Settlement Agreement upon being asked so by the Appellant-Husband in order to avoid alerting the Income Tax Department and to evade any liability towards wealth tax, is highly egregious. We are appalled at the sheer audacity of such a submission being advanced before a court of law and deplore the evident disregard exhibited towards the legal system".
Displeased with the woman's conduct, the Supreme Court invoked Article 142 to dissolve the marriage. It also dismissed the domestic violence case.
