Libertatem Magazine

Husband Duty Bound to Take care of ill Wife Before Seeking Divorce

Contents of this Page

Supreme Court in its recent decision  in Vennangot Anuradha Samir v. Vennangot Mohandas Samir, decided on 2 December 2015 by the bench of M.Y. Eqbal and C. Nagappan, held that it is the duty of husband to take care of his wife’s health and safety and to provide facilities for her treatment, when wife is suffering from a life threatening disease. The respondent (husband) and appellant (wife) had got married on April 2010. However, due to some misunderstandings, wife left her matrimonial house and shifted to Hyderabad. The respondent instituted divorce proceedings against wife on the grounds of cruelty. The matter was referred to Supreme Court Mediation Centre where the husband agreed to pay 12.5 lakh rupees for the full and final settlement of maintenance and alimony to the wife at the time of passing of divorce decree by mutual consent. The wife was suffering from a life threatening disease and had therefore agreed for settlement as she needed the money urgently for her treatment. The honorable court took this factor into account and stated that the amount that the husband has agreed to pay is already his duty towards his wife and hence cannot be taken as a consideration for the settlement. The Supreme Court directed the husband to pay 5 lakh rupees for wife’s medical expenses and after the wife is cured or within 6 months, whichever is earlier, the Family Court at Hyderabad will take up the case along with fresh application that may be filed by the parties.

About the Author