In a significant legal development, the Gujarat High Court has put on hold a family court directive that ordered an Ahmedabad-based businessman to pay a hefty alimony of Rs 45 lakh to his estranged wife. The wife stands accused of murdering the man's mother in 2020.
The Grisly Crime and Its Aftermath
The case originates from a tragic incident in October 2020. The wife, Nikita Agrawal, was arrested for allegedly killing her mother-in-law, Rekha Agrawal, by striking her with an iron rod. Reports suggest the fatal act was the culmination of frequent verbal disputes between Nikita and her husband, Dipak Agrawal. At the time of the crime, Nikita was pregnant. She later gave birth while in judicial custody and remained in prison for over two years before securing bail.
In 2021, citing mental and physical cruelty linked to the alleged murder, Dipak Agrawal, who is involved in the granite trade, filed for divorce. The family court granted the divorce in August of this year. However, based on an assessment of Dipak's income, the same court also ordered him to pay a one-time alimony settlement of Rs 45 lakh to Nikita.
Husband's Challenge in the High Court
Dipak Agrawal promptly challenged this alimony order in the Gujarat High Court. His primary contention was that it is neither proper nor feasible to be compelled to pay maintenance to the person accused of killing his mother. He argued that the circumstances of the case make such a financial award deeply unjust.
The High Court bench, comprising Justices Sangeeta Vishen and Nisha Thakore, took a serious view of the matter. The court observed that this was not a simple case of divorce. The bench noted, "The appellant-husband has been subjected to not only emotional but physical cruelty by the wife by killing his mother." Acknowledging the gravity of the allegations, the court decided to temporarily stay the family court's alimony order.
Legal Proceedings Moving Forward
The High Court has issued a formal notice to Nikita Agrawal, seeking her response to her husband's appeal. The court has scheduled further hearings in the matter for January. This interim stay provides temporary relief to Dipak Agrawal while the higher court examines the complex interplay between matrimonial law, maintenance rights, and the implications of a heinous criminal accusation.
The case highlights a rare and extreme conflict within family law, where the right to seek alimony is contested against the backdrop of a brutal crime. The final ruling from the Gujarat High Court is now eagerly awaited, as it could set a notable precedent for similar situations where divorce proceedings are entangled with serious criminal charges between spouses.
