Alimony Order Halted in Mother-in-Law Murder Case
The Gujarat High Court has temporarily suspended a family court's order that required Dipak Agrawal to pay Rs 45 lakh in alimony to his estranged wife, Nikita Agrawal. Nikita is accused of murdering Dipak's mother.
Background of the Case
Dipak Agrawal challenged the alimony order, arguing that it was inappropriate to provide maintenance to a wife accused of such a serious crime. Nikita Agrawal was arrested in October 2020 for the alleged murder of her mother-in-law, Rekha, reportedly striking her with an iron rod following repeated disputes.
Key events in the case:
- October 2020: Nikita Agrawal arrested for the alleged murder of her mother-in-law.
- Nikita was pregnant at the time of the incident and gave birth while incarcerated.
- She spent over two years in jail before being released on bail.
- 2021: Dipak filed for divorce based on mental and physical cruelty, citing the murder.
- August 2023: The family court granted the divorce and ordered Dipak to pay Rs 45 lakh in alimony.
Legal Arguments and Court's Decision
Dipak's lawyer, Rahil Jain, argued that paying alimony to someone accused of such a serious crime was neither proper nor feasible. The High Court bench, consisting of Justice Sangeeta Vishen and Justice Nisha Thakore, acknowledged the severity of the case.
The court order stated, "It is submitted that the present is not a simple case of divorce, but the appellant-husband has been subjected to not only emotional but physical cruelty by the wife by killing his mother."
Current Status
The High Court has issued a notice to Nikita and scheduled further hearings for January. The alimony order from the family court has been temporarily suspended until the next hearing.
The bench stated, "Considering the chequered and serious facts, by way of an ad-interim relief, direction contained in Para 4 is placed in abeyance till the next date of hearing."
