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Synopsis

The Supreme Court has stayed the Delhi High Court's decision dated April 2, 2024, granting divorce to renowned chef Kunal Kapoor, citing cruelty by his wife.

While doing so, court has referred the parties to the Supreme Court Mediation Centre. "As both parties are agreeable to try mediation, they are referred to the Supreme Court Mediation Centre. They shall report before the Coordinator on 10th September, 2024 at 11:00 a.m.. The 3 Coordinator will ensure that a senior and experienced mediator is appointed in this matter", a bench of Justices Hrishikesh Roy and SVN Bhatti has ordered.

Kapur's wife submitted before court that the twelve-year-old son born to the couple is currently residing with the mother and an opportunity should be made available to the parties to try mediation.

It was further pointed out that the proceedings under the Domestic Violence Act, as also the Maintenance Application under Section 125 of the Code of Criminal Procedure and the police complaint, all at the instance of the petitioner-wife against the respondent, were pending at different forums.

The bench accordingly has issued notice, returnable in four weeks while staying the operation of the High Court's impugned order. Senior Advocate Meenakshi Arora appeared for Kapur's wife whereas Advocate Ilam Paridi and Shashank Bajpai represented Kapur.

High Court's order was passed in an appeal moved by Kapur challenging a family court’s 2018 order, denying him a divorce. 

The bench of Justices Suresh Kumar Kait and Neena Bansal Krishna unequivocally held that Kapur's wife's conduct squarely fell under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 and the family court "gravely erred" in disallowing his divorce plea.

During the divorce proceedings, Kapur's wife accused him of infidelity and engaging in extramarital relationships. She claimed he flirted with fans and made unreasonable sexual demands from her once he gained fame.

However, the high court observed that she couldn't provide specific instances or evidence beyond photographs based on her presumptions of Kapur's illicit affairs.

"Such baseless arguments when made about a person who is regularly in the public eye, have long-lasting effects on his reputation and tarnish his image among his peers. Therefore, such an act amounts to cruelty," the court held. 

Moreover, court highlighted a video recording in which Kapur's wife could be seen shouting and growling at him without even bothering that their infant child was crying.

Screaming high and using filthy language, even if not directly abusing the spouse, is too harsh to expect for the spouse at the receiving end to accept it, court held. 

The estranged couple wedded in April 2008 and welcomed a son in 2012. Before the High Court, Kapur, known for his role as a judge on the TV show 'Master Chef,' accused his wife of humiliating him and disrespecting his parents. Conversely, his wife accused him of making false allegations to deceive the court, asserting that he lacked respect for marriage and was dishonest as a parent.

Case Title: Ekta Kapur vs. Kunal Kapur