Case Note & Summary
Appeal for Divorce - Irretrievable Breakdown of Marriage - Permanent Alimony - Decree Granted
1. Introduction:The appeal challenges the High Court's order dismissing the appellant's petition seeking divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
2. Background:The parties were married in 1991 and had two children. After approximately 14 years, their relationship deteriorated due to allegations of ill-treatment and cruelty against each other.
3. Legal Precedent:Citing the case of Shilpa Sailesh v. Varun Sreenivasan, 2023 SCC Online SC 544, which allows divorce on the grounds of irretrievable breakdown of marriage, various factors were considered, including the period of cohabitation, attempts at reconciliation, and the welfare of children.
4. Efforts for Settlement:Efforts were made to settle the dispute amicably, but no agreement was reached, leading to the involvement of legal counsel.
5. Court's Decision:The court found that the marriage had irretrievably broken down, with the parties separated for 22 years and their children now adults. Without expressing opinions on the allegations, the court exercised discretion under Article 142(1) of the Constitution of India and granted a decree of divorce.
6. Permanent Alimony:Considering the appellant's financial status, the court ordered payment of Rs. 50,00,000 as permanent alimony, payable in installments.
7. Decree:The appeal was allowed, and a decree of divorce was granted, subject to full payment of alimony.
8. Acknowledgment:The court thanked the Shri P.S. Patwalia senior counsel for their assistance.
9. Pending Matters:Any pending applications were disposed of accordingly.
Issue of Consideration: Jatinder Kumar Sapra vs Anupama Sapra
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