SC directs the family of a deceased man, who was allegedly the woman’s husband, to pay her a lump sum amount of Rs 4 lakhs by the end of the month

The Supreme Court observed that a contract is void if prohibited by a statute under a penalty, even without express declaration that the contract is void

Coming to the rescue of a destitute woman who has been rendered homeless during the coronavirus outbreak, the Supreme Court on Friday asked the family of a man, whom she claimed to be her husband, to pay her Rs four lakh as compensation.

Prior Facts:

The woman in her plea has claimed that she had got married to a man who was an award-winning horticulturist and they used to live together. The man died in 2017. The woman, who argued the matter herself through video conferencing, said the Indian Council of Agricultural Research (ICAR) has issued notice to her to vacate the room of the guest house by March 20. The woman earlier filed a writ petition before the Karnataka high court seeking to set aside all adverse orders against her Domestic Violence Act case, which was later transferred to the top court.

Key Features:

  • The order was passed on an application filed by the woman who had approached the top court seeking direction for monetary relief, protection, and order for stay at the guest house at the National Agriculture Science Complex (NASC) in Delhi.
  • A bench of Justices D Y Chandrachud and Surya Kant, which heard the case through video conferencing, said some urgent orders are necessary as the woman has been asked to vacate the guest house where she has been residing.
  • Advocate Balaji Srinivasan, appearing for the family, alleged that the woman was a habitual litigant and filed frivolous applications for interim relief and lost in all forums.
  • The woman, in her application, has sought interim relief of Rs 1.30 crore besides a direction to stay at the state guest house in Bengaluru and the ICAR guest house.

Judgement:

Coming to the rescue of a destitute woman who has been rendered homeless during the coronavirus outbreak, the Supreme Court on Friday asked the family of a man, whom she claimed to be her husband, to pay her Rs four lakh as compensation.

The Bench said that “In the present situation, particularly having regard to the public health crisis, we are of the view that the interest of justice would require the Court to pass a pro tem order, without prejudice to the rights and contentions of the parties. We make it clear that we are not entering into the merits of the rival contentions between the parties which will be heard at a future date. By way of an ad-hoc arrangement, we direct the respondent to pay a lump sum amount of Rs 4 lakhs to the petitioner on or before March 31, 2020”.

Edited by J. Madonna Jephi

Approved & Published – Sakshi Raje

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Vaibhav Goyal is a 3rd year BA.LLB (H) student of UILS, Panjab University, Chandigarh, India. He also basically belongs to the “City Beautiful-Chandigarh”. He had interned and have work experience at various Central and State Government bodies of India including the National Human Rights Commission, New Delhi; the Central Information Commission, New Delhi; U.T. Legal Services Authority, Chandigarh, etc. His research projects includes the study on the Right to Emergency Services (PSHRC), Resettlement of Migrant People (NHRC), Implications of RTI in Financial Institutions (CIC), etc. His publications involve articles in different fields of law like administrative, jurisprudence, etc. on online journals including the Juscholars Blog, Burnished Law Journal, etc. His research paper on Prison Reform was published in the Panjab University Journal and his paper was selected in category of best abstract on the topic of Naxalism: A State of Lawlessness and Arbitrariness. He had scored well in various competitions of law consisting of Quiz, Essay Writing, Lecture, Declamation, etc. He had also participated in various conferences including the World Law Forum Conference on Strategic Lawsuits on Public Participation held in New Delhi on Oct 20, 2018 and the National Law Conclave 2020 held at Vigyan Bhawan, New Delhi on Jan 11, 2020.