Wednesday, July 18, 2012

Rs 1 crore and a flat is cost of Divorce

The Bombay high court has inked a historical judgement in its history by awarding a flat and Rs 1 crore as permanent alimony and maintenance to an estranged wife. A city resident will pay this whooping amount to his estranged wife.

A division bench of Justice A M Khanwilkar and Justice A R Joshi last week gave its approval to the settlement agreed upon by Powai residents Arnab and Piyali Sen. “Since the couple was inclined to amicably settle the matter and had even drawn up the terms of settlement, it would be appropriate and in the interest of their children, who are now grown up and need special attention for further and higher education, to finalize the terms,” said the judges, while adding that they hoped the couple understood that “they have to act responsibly and not create any untoward situation which would jeopardize the settlement terms”.

 As per the settlement Arnab, a businessman, is allowed to sell off his sprawling flat in a 36-storey tower in Hiranandani Gardens, where his wife and two minor children currently reside. Flats in the area sell for around Rs 20,000/sq ft. After paying bank and society dues, Arnab will invest 50% of the proceeds in a new flat in the name of Piyali and their son and daughter. The remainder will go to Arnab, who will also have to pay his wife Rs 50 lakh permanent alimony and Rs 25 lakh each to his children as permanent maintenance.

 This amount will be put into a fixed deposit, and the children will be entitled to withdraw the proceeds when they turn 21.

 Once the flat is purchased and Piyali and the children move in, the couple will approach the family court for a divorce by mutual consent. The couple has also agreed to withdraw all criminal and civil cases that they have filed against each other. Piyali also assured the court that once she receives her alimony she would have no claim over the property owned by Arnab or his family members. She also agreed to let Arnab have weekly access to the children.

 The court has scheduled the matter for further hearing on August 2, 2012, when the couple would inform the judges about the compliance of the terms of the settlement.

 Arnab had moved the family court in 2010 for divorce, which is still pending. The family court had granted maintenance to the two children, which was subsequently fixed by the high court at Rs 12,500 per month for each child. The high court asked Arnab to pay Rs 25,000 as monthly maintenance for each child till he deposits the permanent maintenance.

(Names are changed to secure their identity)

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