In a humanitarian judgment, the Supreme Court held that divorce is invalid when a terminally-ill woman agrees to dissolve the marriage if her husband paid for her urgent and life-saving medical treatment. The apex court laid down the law that a man cannot induce his terminally-ill Hindu wife to divorce him by promising to pay in alimony a sum that will cover the medical expenses required immediately to save her life.
Noting that “Hindu marriage is a sacred and holy union,” a Bench of Justices M.Y. Eqbal and C. Nagappan said such a divorce was only a case of the husband dominating a sick woman’s will to obtain unfair advantage.
The court held that it is the primary duty of a husband to take care of the health and safety of his wife. The case dealt with a couple who agreed on divorce by mutual consent under the Hindu Marriage Act. The husband agreed to pay Rs. 12.5 lakh as a final settlement and alimony.
However, it was later discovered by the Supreme Court that the wife was suffering from a life-threatening disease and urgently required funds for her medical treatment.
The court then directed the husband to pay Rs. 5 lakh out of the promised sum of Rs. 12 .5 lakh for her treatment immediately.
