The Supreme Court ended a marriage after 15 years of separation, invoking Article 142 to grant divorce. The husband must pay Rs 1.25 crore in five instalments as permanent alimony.
New Delhi: The Supreme Court of India, on Thursday, August 14, dissolved the marriage of an estranged couple and ordered the husband to pay Rs 1.25 crore as permanent alimony to his former wife.
A bench of Justices Vikram Nath and Sandeep Mehta observed that the couple had been living separately since 2010, and the husband had remarried in March 2017.
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The court said,
“We see no purpose in continuing the legal relationship between the parties. The marriage has irretrievably broken down.”
This decision came in response to an appeal filed by the man against a Madras High Court order from August 2018. The High Court had earlier allowed the woman’s plea and overturned the divorce decree granted by a family court in October 2016.
The Supreme Court, however, noted that there was no scope for the couple to reconcile.
The bench stated,
“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,”
Finding it appropriate to end the marriage, the bench used its special powers under Article 142 of the Constitution to grant the divorce.
The court also decided to award a lump sum as permanent alimony to the woman and their son, after learning that the man had not provided financial support during the long legal proceedings.
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The bench directed,
“We direct the appellant to pay a sum of Rs 1.25 crore as permanent alimony and all other claims of the wife would stand satisfied.”
It further ordered that a decree be drawn after proof of payment is submitted to the Supreme Court registry. The payment must be made in five equal quarterly instalments of Rs 25 lakh each.
The court added a strict condition, stating,
“It is further directed that in the event of any default in payment of any instalment, this order shall stand recalled, and any amount already paid by the appellant-husband shall stand forfeited.”
The case records show that the couple married in February 2009 and later moved to the United States, where the husband was employed. In September 2012, the husband filed for divorce on the grounds of alleged cruelty and adultery.
In October 2016, a family court granted divorce on the ground of cruelty, but found that the adultery allegation was not proved.
This Supreme Court ruling brings an end to nearly 15 years of separation and prolonged legal battles between the parties, ensuring that the wife and child receive a one-time financial settlement while formally ending the marriage.
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