Supreme Court Dissolves Marriage Citing Irretrievable Breakdown. Delhi High Court's interim maintenance order modified; Supreme Court addresses permanent alimony considering financial positions of both parties.

Case Note & Summary

The appeals challenge the Delhi High Court's order dated 01.12.2023, which directed the respondent to pay only 20% of the total arrears of interim maintenance granted by the Additional Sessions Judge, Gautam Budh Nagar, to the appellant. The appeals also contest the rejection of the appellant's request for the attachment of the respondent's bank account and payment of the complete arrears of Rs. 65,00,000. The case arises from a long-standing marital dispute, with the appellant-wife and respondent-husband separated for nine years, involving multiple legal proceedings for maintenance, dowry harassment, and domestic violence. The Supreme Court ultimately dissolved the marriage under Article 142 of the Constitution of India, citing irretrievable breakdown. The Court also addressed the issue of permanent alimony, considering the financial positions of both parties.

Background and Procedural History

Introduction and Impugned Order

Appeals against Delhi High Court's order directing respondent to pay 20% of total arrears of interim maintenance. Challenge to the rejection of the appellant's prayer for attachment of respondent's bank account and full arrears payment.

Factual Background

Marriage solemnized on 30.04.2015. FIR registered on 13.04.2016 for cruelty, hurt, and dowry demand. Multiple legal proceedings initiated by both parties over the years.

Legal Proceedings and Interim Maintenance Orders

Interim maintenance of Rs. 35,000 per month awarded to appellant by Judicial Magistrate. Modified to Rs. 45,000 for appellant and Rs. 55,000 for daughter by Additional Sessions Judge. Various appeals and applications filed by both parties challenging interim maintenance orders. High Court and Supreme Court Proceedings

Delhi High Court Proceedings

Delhi High Court directed payment of 10% of total arrears as immediate interim relief. Modified to 20% of total arrears in final order, rejecting appellant's plea for full arrears payment and attachment of respondent's bank accounts.

Supreme Court Proceedings

Appeals heard by Supreme Court. Consideration of financial positions and assets of both parties. Discussion on irretrievable breakdown of marriage. Legal Analysis and Findings

Irretrievable Breakdown of Marriage

Reference to previous Supreme Court judgments on irretrievable breakdown of marriage. Conclusion that marriage between parties has irretrievably broken down.

Determination of Permanent Alimony

Discussion on principles for determining one-time settlement in matrimonial disputes. Consideration of various factors such as income, properties, conduct, status, needs, and liabilities of both parties. Reference to relevant case law on permanent alimony. Financial Analysis and Final Decision

Financial Position of Respondent

Respondent's employment as Vice President of Deutsche Bank with high monthly salary. Obligations towards dependents and personal expenses.

Financial Position of Appellant

Appellant's employment as Head of Human Resources with lower monthly salary. Obligations towards her parents and minor daughter.

Court's Decision

Dissolution of marriage under Article 142 of the Constitution of India. Protection of appellant's interest through one-time settlement. Consideration of financial capacity and obligations of respondent.

The Supreme Court ultimately dissolved the marriage and addressed the issue of permanent alimony, considering the financial positions and obligations of both parties.