Supreme Court Affirms Divorce but Directs Husband to Pay Rs.10 Lakh for Daughter’s Marriage

A bench of Justices Vikram Nath and Sandeep Mehta heard appeals against the Delhi High Court’s December 18, 2023 judgment that had affirmed a Family Court decree of divorce. The appeals arose from matrimonial proceedings in which the wife challenged the decree and sought contribution for the daughter’s marriage; the wife had limited her claim before this Court to Rs.10,00,000.

The Court affirmed the decree of divorce and directed the respondent-husband to pay Rs.10,00,000 to the appellant-wife towards the marriage expenses of their daughter on or before October 15, 2025, failing which the Registry was to revive the appeals for further consideration. The Court observed that “It is evident that the marital relationship between the parties has ceased to exist in substance” and recorded that mediation before the Court had proved unsuccessful. The Court, in its reasoning, observed: The Court also directed the appellant to provide bank account details to the respondent to facilitate payment and disposed of the appeals subject to the payment direction.

Background

The parties were married on May 6, 1996, and had two children (a daughter born in 1997 and a son born in 1999). In March 2009 the respondent-husband filed a divorce petition under Section 13(1)(ia) of the Hindu Marriage Act alleging cruelty; the appellant-wife countered with allegations of mental and physical cruelty. The wife also filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (DV Act). In the DV Act proceedings the Mahila Court directed maintenance, later enhanced; on appeal the respondent was held guilty of domestic violence and ordered to pay compensation which was further enhanced by the High Court, and this Court dismissed the husband’s special leave petition against that order. In 2013 the husband sought DNA testing of the children in the DV proceedings, but the main complaint was eventually dismissed in his favour in that respect.

The Family Court granted divorce on September 20, 2019, on the ground of cruelty and the High Court, in MAT.APP.(F.C.) No.20 of 2020, affirmed the decree on December 18, 2023, noting repeated acrimony, the lodging of complaints by the wife and that “lodging false complaints amounted to cruelty,” and that the parties had lived separately since around 2009. Aggrieved, the appellant-wife appealed to this Court but limited her claim to a contribution of Rs.10,00,000 towards the daughter’s marriage. The respondent contested claims as to his earnings; the Court, after considering the record and submissions, found the respondent capable of contributing and emphasised a father’s duty to provide for his children as the basis for the payment direction. The decree of divorce granted by the Family Court and affirmed by the High Court therefore stood affirmed subject to the payment direction; the appeals were disposed of and pending applications were also disposed.

Case No.: 2025 INSC 1102; C.A. Nos…/2025 (@SLP(C) Nos.15168-15173/2024) Case Title: GEETA @ REETA MISHRA v. AJAY KUMAR MISHRA Appearances: For the Petitioner(s): [Not indicated in the judgment] For the Respondent(s): [Respondent appeared in person; counsel not named in the judgment]