Parvin Kumar Jain vs Anju Jain

Held: It is evident from the records that the relationship between the parties appears to be strained from the beginning and only further soured over the years – Reconciliation proceedings during the pendency of the divorce petition also failed – The parties have been litigating maintenance proceedings for a prolonged period, and there appears to be no cogent reason to only deal with the issue of interim maintenance after twenty years of strained relationship and separation – These facts are admitted by the parties, and they have also mutually agreed for the dissolution of their marriage – Therefore, the marriage between the parties is dissolved while exercising the discretionary power u/Art. 142 of the Constitution of India – Now, the issue of maintenance pendente lite is infructuous with the dissolution of marriage, but the financial interest of the wife still needs to be protected through grant of permanent alimony – There cannot be strict guidelines or a fixed formula for fixing the amount of permanent maintenance – The quantum of maintenance is subjective to each case and is dependent on various circumstances and factors – In the instant case, it is a matter of record and an admitted fact that the respondent is unemployed while the appellant is a well accomplished banker who has worked in multiple senior roles at various banks over the years – The appellant is currently working as the Chief Executive Officer of Vision Bank in Dubai and his estimated salary is about AED 50,000 per month which means that he is earning around Rs. 10 to 12 Lakhs per month – His DEMAT account details from 2010 reveal investment of Rs. 5 crores – Further, he has three properties – For the respondent, considering the standard of living enjoyed by her during subsistence of the marriage, the prolonged period of separation, and the appellant’s financial capacity, a onetime settlement amount of Rs. 5 crores (Rupees five crores only), appears to be just, fair and reasonable amount for the respondent to be paid by the appellant towards settlement of all pending claims also – Since, the appellant herein has sufficient means to support his child, and thus provision should also be made for his maintenance and financial security as well – An amount of Rs. 1 crore (Rupees one crore only) towards the maintenance and care of the son appears to be fair, which he can utilize for his higher education and as security till he becomes financially independent. [Paras 27, 31, 34, 36, 40, 41]