Wife was adamant on this thing instead of monthly maintenance in divorce, now got property worth crores for free

Recently, the Supreme Court settled a divorce case under Article 142 of the Constitution in which the husband obtained a divorce without paying alimony. 

Under the judgment, the husband had to agree to transfer a flat located near Mumbai in the name of the wife, in return for which the wife agreed not to take alimony.

The case reached the Supreme Court from Bandra Family Court

Initially, the case was filed in Mumbai's Bandra Family Court, but the husband sought to transfer it to Delhi. After this, both the parties were sent for mediation process, but a settlement could not be reached. Eventually, both the husband and wife filed separate petitions under Article 142 in the Supreme Court.

The wife is adamant about not wanting maintenance

The Supreme Court considered the flat to be the root cause of the dispute between the two parties. 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 the parties are highly educated and financially independent.

Exemption from stamp duty

During the transfer of the flat, the Supreme Court exempted the wife from stamp duty by invoking Section 17(2)(vi) of the Registration Act, 1908. Under this provision, stamp duty is not levied on the transfer of property through a judicial decree. 

However, the wife may have to pay other property-related charges, such as registration charges, society transfer charges, and property tax.

Judicial impact and conclusions

This decision sets an important precedent in resolving financial disputes in divorce cases. This can be an example of a financially fair solution for divorcing couples. 

However, some experts believe that this decision of stamp duty exemption can be used in the wrong context in other cases. This decision of the Supreme Court sets a new precedent in divorce cases, which encourages speedy and equitable resolution of disputes.