Case Note & Summary
The case involved a transfer petition filed by the wife, Jasmeet Kaur, against her husband, Jaspreet Singh, following a divorce decree granted by the Family Court. The petitioner sought to set aside the divorce decree through an application under Order 9 Rule 13 of the Code of Civil Procedure, 1908 (CPC), which was still pending in the Family Court at Hardwar. The respondent had remarried and had a child with his second wife. The Supreme Court, considering the circumstances, determined that the petitioner was entitled to compensation rather than reinstatement of the marriage. The court invoked its powers under Article 142 of the Constitution to award a lump sum compensation of Rs.2,00,000/- to the petitioner, to be paid within six months, with interest at 9% per annum for any delay in payment. The pending application under Order 9 Rule 13 CPC was dismissed, and the transfer petition was disposed of accordingly.
Headnote
A) Family Law - Divorce and Compensation - Award of Compensation - Article 142 of the Constitution of India, 1950 - The court granted a lump sum compensation to the petitioner-wife in light of the divorce decree and the respondent's remarriage, invoking its powers under Article 142 to ensure complete justice. The court directed the respondent to pay Rs.2,00,000/- within six months, with interest applicable for delayed payment (Paras Not mentioned).
Issue of Consideration
Whether the petitioner is entitled to compensation or maintenance allowance after the divorce decree and pending application to set it aside.
Final Decision
The court awarded a lump sum compensation of Rs.2,00,000/- to the petitioner-wife, to be paid within six months, with interest for delayed payment, and dismissed the pending application under Order 9 Rule 13 CPC.
Law Points
- Transfer of petition
- Divorce decree
- Compensation
- Maintenance allowance
- Article 142 powers
