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Mediation

Supreme Court Ruling on One-Time Settlement in Divorce Proceedings

Strategic Insights

— 1 min read

The Supreme Court has made a significant ruling in divorce proceedings, stating that one-time settlement (OTS) paid to a woman at the time of divorce does not include money needed for bringing up children born during the subsistence of the marriage. This ruling comes as a woman pleaded for maintenance for her diabetic child, while the man's counsel argued that he had already paid an OTS of Rs 3 crore to the woman, from whom he had sought divorce due to her adulterous life. The bench of justices K V Viswanathan and N Kotiswar Singh emphasized that OTS is not applicable when children are concerned, and the issues of maintenance and visitation rights should be resolved through mediation.

Key Takeaways:

  • The Supreme Court has ruled that one-time settlement (OTS) paid to a woman at the time of divorce does not include money needed for bringing up children born during the subsistence of the marriage.
  • The bench of justices K V Viswanathan and N Kotiswar Singh emphasized that OTS is not applicable when children are concerned.
  • The woman's petition challenging the High Court order annulling her marriage was allowed, but issues relating to maintenance expense of children and visitation rights will be resolved through mediation.
  • The court appointed former SC judge Kurian Joseph as the mediator and ordered listing of the woman's petition in the last week of August after the SC registry receives the mediation report.
  • Senior lawyer Sanjay Hegde, representing the man, stated that his client was willing to bear the expenses of the daughters, who are also his children.
  • The woman, an architect, had maintained throughout the proceedings that she did not need anything, but has now filed a petition challenging the High Court order.

Statistics:

  • Rs 3 crore: the amount paid by the man to the woman as one-time settlement (OTS)
  • 117 days: the time taken by the man to re-marry after being divorced
  • 1: the number of children of the woman suffering from diabetes
  • August: the month in which the woman's petition will be listed for further proceedings
  • The Supreme Court of India: the highest court in the country that passed the ruling

Sources:

  • Dhananjay Mahapatra, "OTS doesn't include money for bringing up children, says SC," [Source unavailable - original text does not contain citation]

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