Supreme Court Upholds Divorce Decree and Permanent Alimony In Irretrievable Breakdown Of Marriage

The Supreme Court partly allowed the appeal arose from the judgment of the High Court of Punjab and Haryana, which granted a decree of divorce, by also awarding the permanent alimony of Rs.30,00,000/- to the appellant-wife.

The marriage between the appellant-wife (a practicing advocate) and the respondent-husband (a Family Court Judge) was solemnized on in the year 2008, and a daughter was born in 2009, and during the course of marriage the matrimonial disputes arose and the matrimonial discord led the respondent-husband to institute a petition for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955, on the ground of cruelty.

While hearing the divorce petition the Competent Court considering the prior attempts to withdraw, the Family Court initially dismissed the petition in April 2023, finding that cruelty was not proved and that the husband had subjected the wife to acts of cruelty.

The High Court of Punjab and Haryana subsequently allowed the husband’s appeal, granted the divorce decree, with a permanent alimony of Rs.30,00,000/- and observed that compelling the parties to reside together would not be in the interest of the spouses or their daughter. The wife then approached the Supreme Court.

The Supreme Court upheld the High Court’s decree of divorce and observed that the marriage had broken down beyond repair, and noted that the parties had been residing separately since 2012, which amounts to more than thirteen years, and no substantial effort had been made toward restoring the relationship.

The Apex Court also affirmed the view that dissolution was in the interest of justice and the welfare of all concerned, stating that continuing the legal bond would only prolong hostility and impede their ability to move forward with dignity. However, keeping in view that the appellant-wife was no longer practicing and considering the respondent-husband's status as a serving judicial officer holding a responsible public position, the Supreme Court modified the High Court’s direction on part of the permanent alimoney to Rs.50,00,000/- as the full and final settlement of all monetary and other claims arising from the marital relationship which is payable within three months.

The Apex Court held that the paramount consideration is the wellbeing, care, and future stability of the seventeen-year-old daughter, and affirmed all other directions regarding the daughter’s financial welfare,

including the deposit of ₹41,00,000/- upon maturity of the LIC policy, a monthly deposit of ₹30,000/- until she is able to maintain herself, bearing her marriage expenses, and the prohibition against disinheriting her from his estate.

Thus, the Supreme Court emphasized that dissolution was necessary because the relationship has become deeply embittered and acrimonious over the years, and continuing the marital tie serves neither the spouses nor their child, and the Court upholded the divorce decree and partly allowed the appeal by modifying the parmanent alimony.

Coram: Justice Vikram Nath and Justice Sandeep Mehta.