The Supreme Court dissolved the marriage after 15 years, invoking Article 142, and ordered the husband to pay Rs 1.25 crore as permanent alimony to wife and son.
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NEW DELHI: The Supreme Court of India has dissolved a marriage by exercising its extraordinary powers under Article 142 of the Constitution, citing the irretrievable breakdown of the marital relationship. The decision came after nearly 15 years of separation between the couple. The Court also directed the husband to pay a one-time permanent alimony of Rs 1.25 crore to the wife and their son.
ALSO READ: Supreme Court Dissolves Marriage Under Article 142: “9 Years, 3 States, 1 Resolution”
Case Background
The couple got married on 15 February 2009 and soon relocated to the United States, where the husband was employed. A son was born to them on 7 April 2010. However, marital differences soon arose, and by 26 September 2012, the husband filed a divorce petition under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955, citing cruelty and adultery.
- In 2016, the Family Court granted a divorce on the grounds of cruelty but rejected the adultery charge for lack of evidence.
- The wife appealed before the Madras High Court, which in 2018 overturned the Family Court’s decree, holding that the incident of alleged cruelty (remarks made by the wife’s father) could not be attributed to her.
- Meanwhile, in March 2017, the husband remarried while the case was still pending.
ALSO READ: Supreme Court Dissolves 15-Year-Old Marriage, Orders Rs 1.25 Crore Alimony to Wife
Proceedings Before the Supreme Court
Challenging the High Court’s order, the husband moved the Supreme Court in 2018. The Court initially referred the matter for mediation, but the attempts failed. The husband then sought relief under Article 142, requesting dissolution of the marriage.
The Supreme Court Bench, comprising Justice Vikram Nath and Justice Sandeep Mehta, observed that the parties had been living separately since 2010 with no inclination towards reconciliation. Considering that the husband had remarried and no matrimonial bond subsisted, the Court concluded:
“There is no vestige of matrimonial relationship between them. In these circumstances, we see no purpose in continuing the legal relationship. The marriage has irretrievably broken down.”
Directions on Permanent Alimony
The Court noted that the husband had failed to provide financial support to the wife and son over the years. Taking into account the financial status of both parties, it ordered the husband to pay Rs 1.25 crore as a full and final settlement:
- Rs 25 lakh each in five quarterly installments
- First installment: 15 September 2025
- Second instalment: 15 December 2025
- Third instalment: 15 March 2026
- Fourth instalment: 15 July 2026
- Final installment: 15 September 2026
Importantly, the decree of divorce will be drawn only after proof of payment is filed before the Registry. In case of default in any installment, the order will stand recalled, and any amount already paid will be forfeited.
Case Title:
A. RANJITHKUMAR VERSUS E. KAVITHA
SLP(C) NO.31247/2018
READ JUDGMENT HERE
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