Case Note & Summary
The appeal arose from a matrimonial dispute where the husband challenged the High Court's dismissal of his criminal revision seeking adjustment of maintenance amounts awarded under different statutes. The parties married in October 2006, cohabited for about 14 months, and had been living separately since December 2007. The wife had obtained maintenance orders under Section 125 of the Code of Criminal Procedure, 1973, and the Protection of Women from Domestic Violence Act, 2005, with the latter including a residence order. The husband had filed for divorce, which was rejected by the family court, and the wife had sought restitution of conjugal rights. The core legal issues before the Supreme Court were whether to dissolve the marriage on the ground of irretrievable breakdown and determine the appropriate permanent alimony. The husband argued for divorce under Article 142 of the Constitution, citing the long separation and irreconcilable differences, and offered Rs. 25 lakhs as alimony. The wife contested, emphasizing her unemployment and the husband's alleged higher income. The court analyzed the facts, noting the parties' separation for over 17 years, absence of children, and ongoing litigation including a domestic violence case. It found the marriage irretrievably broken and granted divorce under Article 142. Regarding alimony, the court considered the financial status—wife unemployed, husband a government lecturer—and disputes over income and maintenance arrears. It awarded Rs. 40 lakhs as a one-time permanent alimony, covering all past and future claims, to be paid in four monthly installments, setting aside the High Court's order and dissolving the marriage.
Headnote
A) Family Law - Divorce - Irretrievable Breakdown of Marriage - Constitution of India, Article 142 - Parties lived separately for over 17 years after a brief 14-month cohabitation, with no children and ongoing litigation including domestic violence case - Court found marital discord at point of no remedy and marriage dead - Held that divorce should be granted under Article 142 to allow parties to move forward (Paras 15, 19). B) Family Law - Maintenance and Alimony - Permanent Alimony Settlement - Protection of Women from Domestic Violence Act, 2005, Section 23; Code of Criminal Procedure, 1973, Section 125 - Dispute over maintenance arrears and husband's income; wife unemployed, husband a government lecturer - Court considered financial status, long separation, and no children - Held that Rs. 40 lakhs as one-time permanent alimony covering all past and future claims is just and equitable, to be paid in four monthly installments (Paras 16-19).
Issue of Consideration
Whether the marriage should be dissolved on the ground of irretrievable breakdown and what amount should be awarded as permanent alimony.
Final Decision
Appeal allowed; impugned order dated 28.11.2022 set aside; marriage dissolved; decree of divorce granted; permanent alimony of Rs. 40 lakhs awarded to wife, to be paid in four monthly installments of Rs. 10 lakhs each
Law Points
- Article 142 of the Constitution of India
- Irretrievable breakdown of marriage
- Permanent alimony
- Maintenance under Section 125 of the Code of Criminal Procedure
- 1973
- Maintenance under the Protection of Women from Domestic Violence Act
- 2005
