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Exercising its extraordinary powers under Article 142 of the Constitution, the Supreme Court brought a 16-year marital battle to a close, declaring the union irretrievably broken and directing payment of ₹1.25 crore in alimony to safeguard the wife and child. A division bench of Justice Vikram Nath and Justice Sandeep Mehta allowed the appeal filed by the Appellant, overturning the Madras High Court’s 2018 decision that had reinstated his marriage with the Respondent. The Apex court found that the relationship had “no vestige of matrimonial relationship” left, with the parties having lived apart since 2010 and the husband having remarried in 2017.

The case arose from a petition instituted by the husband in 2012 under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955, seeking dissolution of marriage on the grounds of cruelty and desertion. The Family Court granted a divorce on the grounds of cruelty. However, the Madras High Court, in 2018, reversed the decree, holding that acts attributed to the wife’s father could not be fastened upon her as cruelty. Confronted with this stalemate, the husband carried the matter to the Supreme Court in 2018, where mediation efforts proved unsuccessful, ultimately leading the Court to invoke its powers under Article 142 of the Constitution to bring the dispute to a close.

The Bench observed, “It is evident that there is no possibility of reconciliation between the parties. They have been living separately since 2010, for nearly 15 years. There is no vestige of matrimonial relationship between them, and neither party has shown any inclination to resolve their differences. Furthermore, the appellant-husband has been remarried since 05.03.2017. In these circumstances, we see no purpose in continuing the legal relationship between the parties. The marriage has irretrievably broken down.”

In addressing financial equities, the Court directed permanent alimony of ₹1,25,00,000 to the wife and child, to be discharged in five quarterly instalments, while observing, “The marriage between the parties stands dissolved by exercise of this Court’s power under Article 142 of the Constitution of India, subject to the condition that the appellant-husband shall pay the aforesaid sum of ₹1,25,00,000/- (Rupees One Crore Twenty-Five Lakhs only) to the respondent-wife as permanent alimony. A decree shall be drawn upon furnishing of proof before the Registry that such payment has been made.”

Accordingly, the Court allowed the appeal, while mentioning that any default in instalment will nullify the order, with forfeiture of amounts already paid.

Case Title: A vs. B

Case No: SLP(C) NO.31247/2018

Coram: Justice Vikram Nath, Justice Sandeep Mehta

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Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi

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Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi

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