Recently, the Supreme Court settled a divorce case under Article 142 of the Constitution, in which the husband secured divorce without alimony. Under this decision, the husband agreed to name a flat wife near Mumbai, in return, the wife accepted the condition of not taking alimony.
Initially, the case was filed in the Bandra Family Court in Mumbai, but the husband demanded a transfer to Delhi. After this, both sides were sent for arbitration process, but could not be compromised. Eventually, both husband and wife filed separate petitions in the Supreme Court under Article 142.
The Supreme Court accepted the flat as the root cause of the dispute between the two sides. The husband decided to give up his rights on the flat, and in return the wife agreed not to take alimony. The court also clarified that both sides are highly educated and economically independent.
During the transfer of the flat, the Supreme Court applied Section 17 (2) (VI) of the Registration Act, 1908 and exempted the wife from the stamp duty. Under this provision, stamp duty is not imposed on transfer of property through judicial decree. However, the wife may have to pay other property-related fees, such as registration fee, society transfer fee, and property tax.
This decision presents an important parable in the resolution of financial disputes in divorce cases. This can be an example of a financially fair solution for divorced couples. However, some experts believe that this decision of exemption in stamp duty may be used in other cases in the wrong context. This decision of the Supreme Court sets a new example in divorce cases, which encourages early and equitable solutions to disputes.
