The Supreme Court has dissolved a marriage by exercising its powers under Article 142 of the Constitution, citing the irretrievable breakdown of the relationship after nearly 15 years of separation. The Court also directed the husband to pay a one-time permanent alimony of ₹1.25 crore to the wife and their son, to be paid in five equal installments over a year.
A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta set aside the 2018 decision of the Madras High Court, which had overturned the Family Court’s decree of divorce. The top court observed that there was no purpose in continuing the legal relationship between the parties when there was no possibility of reconciliation.
Case Background
The marriage took place on 15 February 2009, and shortly thereafter, the couple relocated to the United States of America, where the husband was employed. A child was born to them on 7 April 2010.
Differences arose, and on 26 September 2012, the husband filed a divorce petition under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955, seeking dissolution of the marriage on the grounds of cruelty and adultery. The matter was registered initially as H.M.O.P. No. 197 of 2012 and later renumbered as F.C.O.P. No. 245 of 2014.
On 17 October 2016, the Family Court granted a decree of divorce on the ground of cruelty but rejected the allegation of adultery for lack of proof.
The wife challenged the decree before the High Court through Civil Miscellaneous Appeal No. 2678 of 2017, filed on 11 January 2017. While the High Court directed issuance of notice to the husband on 14 February 2017, the notice remained unserved. Meanwhile, on 5 March 2017, the husband entered into a second marriage.
On 24 August 2018, the High Court allowed the appeal, setting aside the decree of divorce. It held that the main incident of cruelty accepted by the Family Court — rude remarks made by the wife’s father — could not be attributed to the wife.
Proceedings Before the Supreme Court
The husband approached the Supreme Court in 2018, challenging the High Court’s decision. At the outset, the Court issued notice with the aim of exploring the possibility of an amicable settlement through mediation.
Mediation efforts, however, failed. The husband then moved an application under Article 142 of the Constitution, seeking dissolution of the marriage.
The Court noted that the parties had been living separately since 2010, with no inclination on either side to resolve their disputes. It further took into account that the husband had remarried in 2017 and that there was no subsisting matrimonial bond between the parties.
Supreme Court’s Observations
In its judgment, the Bench remarked:
“There is no vestige of matrimonial relationship between them… In these circumstances, we see no purpose in continuing the legal relationship between the parties. The marriage has irretrievably broken down.”
The Court concluded that the case met the criteria for dissolution of marriage by invoking its extraordinary powers under Article 142.
Directions on Permanent Alimony
The Court took note of the fact that the husband had not provided financial support to the wife and their son over the years. Considering the financial status of both parties and the circumstances of the case, the Bench directed payment of ₹1,25,00,000/- as a one-time, full and final settlement of all claims.
The payment is to be made in five equal quarterly instalments of ₹25,00,000/- each, on or before the following dates:
- First instalment — 15 September 2025
- Second instalment — 15 December 2025
- Third instalment — 15 March 2026
- Fourth instalment — 15 June 2026
- Fifth and final instalment — 15 September 2026
The Court further ordered that the decree of divorce will be drawn only upon proof of payment being filed before the Registry. It warned that in the event of default in any instalment, the order would stand recalled and any amount already paid would be forfeited.
Allowing the appeal, the Supreme Court:
- Set aside the Madras High Court’s 2018 order.
- Dissolved the marriage under Article 142 of the Constitution.
- Directed the husband to pay ₹1.25 crore as permanent alimony in the manner specified.
- Disposed of all pending applications.
