Kirti Malhotra (Smt) v. M.K Malhotra ., Supreme Court Of India, Judgment, Law, casemine.com

Factual and Procedural Background

The parties were married in January 1976 and a son, Nipun Malhotra, was born in December 1976. Both spouses are Central Government employees—the respondent-husband serves as a Desk Officer in the Ministry of Home Affairs, while the appellant-wife is a Senior Section Officer with Northern Railway.

The respondent filed a petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955, alleging mental cruelty. The trial court dismissed the petition, but the First Appellate Court reversed that decision and granted a decree of divorce. A subsequent Letters Patent Appeal was dismissed by the Division Bench of the High Court. While the matter was pending further appeal, the respondent remarried on 23 July 1987.

The present appeal is by the wife before the Supreme Court. Given the husband’s remarriage, the Court deemed it unnecessary to examine the merits of the cruelty allegation and confined its consideration to maintenance for the son.

Court's Reasoning and Analysis

The Supreme Court observed that, because the respondent had remarried after the appellate decree, revisiting the merits of the divorce would serve no practical purpose. The Court therefore limited its analysis to the adequacy of maintenance being paid for the son.

Under interim orders, the son was receiving ₹1,000 per month. The Court found this amount “very much on the lower side” for an 18-year-old. Balancing the needs of the child against the father’s obligation, the Court fixed maintenance at ₹3,000 per month, payable before the 15th day of every month. Payment is to be made directly in the name of Nipun Malhotra or deposited in a bank account opened by him. The obligation will continue until the son attains the age of 27 years, and the enhanced amount is effective from 1 July 1994.

Holding and Implications

DISPOSED OF. The appeal was disposed of with the following operative directions:

The divorce granted by the appellate court remains undisturbed.

The respondent must pay ₹3,000 per month in maintenance to the son until he reaches 27 years of age, with effect from 1 July 1994.

Interlocutory applications and the criminal miscellaneous petition were rendered infructuous by this order.

Implications are confined to the parties: the decree of divorce stands final, and the quantum of child maintenance is enhanced. The order does not announce a new legal principle or precedent.

Kirti Malhotra (Smt) v. M.K Malhotra .

Order

1. This appeal by the wife is sequel to a divorce petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (the Act) filed by the husband on the ground of mental cruelty. The trial court dismissed the petition. The First Appellate Court reversed the findings of the trial court and granted the divorce on the ground of mental cruelty. Letters Patent Appeal was dismissed by the Division Bench of the High Court.

2. The marriage between the parties took place in January 1976 and a son was born in December 1976. Both the parties are Central Government employees. The respondent-husband is working in the Ministry of Home Affairs as Desk Officer whereas the appellant-wife is employed as Senior Section Officer, Northern Railway.

3. It is not disputed that after the grant of divorce by the First Appellate Court the husband has remarried on 23-7-1987. In this view of the matter no useful purpose would be served in going into the merits of the controversy. Mr R.F Nariman, learned counsel appearing for the appellant has very fairly contended that the respondent be directed to pay some reasonable maintenance to the son who is about 18 years of age. Rs 1000 per month is being paid to the appellant for the maintenance of her son under the interim orders of this Court.

4. We have heard learned counsel for the parties. We are of the view that Rs 1000 per month as maintenance for an 18-year-old boy is very much on the lower side. We, therefore, direct the respondent-husband to pay Rs 3000 per month before 15th day of every month to Nipun Malhotra, the son of the divorced couple. The amount shall be paid in the name of Nipun Malhotra or be deposited in the bank account opened by the boy. The appellant shall inform the respondent the name of the bank and the account number for depositing the amount every month. We further direct that the maintenance amount of Rs 3000 fixed by us shall be paid by the respondent to Nipun Malhotra till he attains the age of 27 years. The amount of Rs 3000 shall be payable with effect from 1-7-1994. The appeal is disposed of. No orders are necessary on the IA and the criminal miscellaneous petition in view of our order in the appeal.

Civil Appeal No. 2795 of 1987 with I.A No. 3 of 1993 and Crl. M.P No. 5707 of 1992, decided on July 19, 1994

Kirti Malhotra (Smt) v. M.K Malhotra .

Factual and Procedural Background

Legal Issues Presented

Arguments of the Parties

Table of Precedents Cited

Court's Reasoning and Analysis

Holding and Implications

Kirti Malhotra (Smt) v. M.K Malhotra .

Comments