Supreme Court Dissolves Marriage Under Article 142 and Directs Rs.1.25 Crore Permanent Alimony
A bench of Justices Vikram Nath and Sandeep Mehta heard an appeal against the Madras High Court's decision setting aside a Family Court decree of divorce. The challenge arose from an order in which the High Court had allowed the respondent-wife's appeal and cancelled the decree of divorce originally granted by the Family Court on grounds of cruelty.
The Court allowed the appeal, set aside the impugned High Court order and, invoking its powers under Article 142 of the Constitution, dissolved the marriage solemnized on 15.02.2009. The Bench observed that there was "no possibility of reconciliation" and that the parties had been living separately for nearly 15 years. The Court directed payment of a one-time lump sum of Rs.1,25,00,000 as permanent alimony to the respondent-wife and the parties' son, payable in five equal quarterly instalments of Rs.25,00,000 each, and ordered that "all other claims of the wife would stand satisfied." The Court further warned that in the event of default the order would be recalled and amounts already paid would be forfeited.
The Court, in its reasoning, observed: Background The marriage between the appellant-husband and the respondent-wife was solemnized on 15.02.2009 and the parties later lived in the United States; a son was born on 07.04.2010. The husband filed a divorce petition on 26.09.2012 under Sections 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955, alleging cruelty and adultery. The Family Court granted a decree of divorce on 17.10.2016 on the ground of cruelty, while finding the adultery allegation unproved. The respondent-wife challenged that decree before the Madras High Court, which on 24.08.2018 allowed her appeal and set aside the Family Court decree, recording that the principal instance of cruelty accepted by the Family Court consisted of "rude utterances" by the wife's father and that the wife could not be held liable for those utterances.
The appellant then approached the Supreme Court. The Court first issued notice and attempted mediation, which failed. Having considered that the parties had been living apart since 2010 and that the husband had remarried on 05.03.2017, the Supreme Court concluded that the marriage had irretrievably broken down and that continuation of the legal relationship served no purpose. Exercising its power under Article 142, the Court dissolved the marriage subject to payment of Rs.1,25,00,000 as permanent alimony, to be paid in five instalments due on or before 15.09.2025, 15.12.2025, 15.03.2026, 15.06.2026 and 15.09.2026 respectively. The Court directed that a decree be drawn only upon furnishing proof of payment and ordered that any default would lead to recall of the order and forfeiture of amounts paid. The appeal was allowed and the High Court order was set aside; pending applications stood disposed of.
Case Details: Case No.: 2025 INSC 978 Case Title: A. Ranjithkumar v E. Kavitha Appearances: For the Petitioner(s): Not indicated in the judgment For the Respondent(s): Not indicated in the judgment