The Supreme Court of India, in a matrimonial dispute, has exercised its extraordinary powers under Article 142 of the Constitution to grant a decree of divorce, dissolving a marriage where the parties had been living separately for over 15 years.
A bench comprising Justice Vikram Nath and Justice Sandeep Mehta, hearing Criminal Appeal No. 1595 of 2025, held that the relationship had “irretrievably broken down” and that “no purpose in perpetuating a legal relationship that has ceased to have any meaning” would be served.
The Court ordered the respondent-husband to pay a sum of Rs. 1,00,00,000/- (Rupees one crore) as permanent alimony. Upon payment, all pending civil and criminal proceedings between the parties arising from the marriage are to stand “quashed and closed.”
Background of the Case
The appeal arose from a judgment and order dated 3rd July 2023, passed by the High Court of Rajasthan at Jaipur. The parties were solemnized in marriage on 5th October 2009.
According to the facts recorded in the judgment, the appellant-wife alleged mental and physical harassment by her in-laws, which led her to leave the matrimonial home on 15th April 2010. While residing at her parental home, the appellant gave birth to their son on 28th December 2010.
On 9th July 2013, the appellant-wife filed an application under Section 125 of the Code of Criminal Procedure (CrPC) seeking maintenance. On 16th January 2019, she also filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (DV Act).
Litigation History
The Trial Court, vide order dated 16th January 2019, had directed the respondent-husband to pay:
- Rs. 5,000/- per month for rent, water, and electricity.
- Rs. 10,000/- per month as maintenance for the appellant-wife.
- Rs. 5,000/- per month as maintenance for the minor child.
- Rs. 5,000/- per month for the child’s education.
- Rs. 4,00,000/- as compensation for mental, emotional, and physical suffering under Section 22 of the DV Act.
The Trial Court also granted custody of the child to the wife under Section 21 of the DV Act. This order was subsequently upheld by the Appellate Court on 29th July 2021.
Separately, the Family Court, in the Section 125 CrPC proceedings, vide order dated 15th October 2022, directed the husband to pay an additional Rs. 2,000/- per month to the wife and Rs. 1,000/- per month to the child.
High Court Order
The parties filed revision petitions before the High Court. The High Court, by its impugned order of 3rd July 2023:
- Dismissed the appellant-wife’s revision petition.
- Allowed the respondent-husband’s revision petition against the Section 125 CrPC order, setting aside the order dated 15th October 2022 and dismissing the wife’s application.
- Partially allowed the respondent-husband’s revision against the DV Act order, setting aside the Rs. 4,00,000/- compensation awarded under Section 22 of the DV Act.
The appellant-wife subsequently appealed this High Court order before the Supreme Court.
Supreme Court’s Analysis and Decision
The Supreme Court bench noted that the respondent-husband had also filed an SLP, which was dismissed by the Court on 19th March 2025, and that the husband had since been directed to clear outstanding maintenance arrears.
The Court observed that the parties have been living separately since 15th April 2010, for “more than fifteen years now.” It also noted that an attempt at reconciliation through the Supreme Court Mediation Centre “did not yield any positive result.”
The bench held that the marriage had irretrievably broken down, stating: “Years of acrimony and bitterness have defined their relationship, and despite the appellant-wife contesting the grant of divorce, we find that no marital bond survives between them.”
Concluding that “there is no purpose in perpetuating a legal relationship that has ceased to have any meaning,” the Court found it a “fit case to grant a decree of divorce using our powers under Article 142 of the Constitution of India.”
The Court took on record the husband’s willingness to pay Rs. 1,00,00,000/- (Rupees one crore) as permanent alimony. The bench deemed this “a just, fair and reasonable amount as permanent alimony and towards all pending dues.”
The judgment directs that this amount “shall be treated as a full and final settlement of all claims between the parties including those of the minor child… and upon receipt thereof neither party shall raise any further claim against the other.”
The Court, however, added a clarification: “However, this shall not preclude the respondent father from contributing for the child’s education.”
In its final order, the Supreme Court dissolved the marriage, subject to the husband paying the Rs. 1 Crore sum within three months from the date of the judgment (29th October 2025). The decree of divorce will be drawn up “upon the Registry being furnished with proof of such payment.”
By virtue of this order, the Court quashed all pending civil and criminal proceedings arising out of the marriage and disposed of the appeal.
