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VIKRAM NATH, PRASANNA B. VARALE
Parvin Kumar Jain – Appellant
Versus
Anju Jain – Respondent
How to dissolve a dead marriage under Article 142 of the Constitution of India? What is the quantum of permanent alimony to ensure a decent standard of living for the wife without penalizing the husband? What are the rights of a dependent spouse regarding maintenance and alimony upon the dissolution of marriage?
Key Points: - The Supreme Court exercised its discretionary power under Article 142 of the Constitution to dissolve the marriage between the appellant and respondent due to complete and irretrievable breakdown (!) (!) (!) . - The Court held that the marriage had completely broken down given the long-standing separation (over two decades), lack of intention to reconcile, and prolonged litigations (!) (!) . - Permanent alimony should be determined with the aim of ensuring a decent standard of living for the wife and not as a penalty against the husband (!) (!) . - The Court fixed a one-time settlement amount of Rs. 5 crores for the respondent and Rs. 1 crore for the son to be paid within four months (!) (!) (!) . - The Court considered the husband's high income (Rs. 10-12 Lakhs/month) and assets, as well as the wife's unemployment and the son's need for future financial security, in determining the quantum (!) (!) (!) . - The Court dismissed the appellant's contention that the Family Court lost jurisdiction after the withdrawal of the divorce petition, noting that Sections 24 and 26 of the HMA are independent (!) (!) . - The Court emphasized that mere completion of an engineering degree does not guarantee gainful employment in competitive times, justifying maintenance for the adult son (!) . - The Court directed the Registry to draw a decree of divorce and the payment of the specified amounts as per the judgment (!) .
JUDGMENT :
VIKRAM NATH, J.
1. Leave granted.
2. The present appeals arise out of the impugned order dated 01.08.2024 passed by the Delhi High Court in MAT. APP. (F.C.) 226/2018 & CM APPL. 36723/2018. CM APPL. 4245/2021. CM APPL. 51379/2022, CM APPL. 52044/2022 and MAT. APP. (F.C.) 120/2019. Vide the impugned order, the High Court dismissed MAT. APP. (F.C.) 226/2018 filed by the Husband against the order of the Family Court, in an application for maintenance pendente lite under section 24 of the Hindu Marriage Act, 19551 [HMA] along with all pending applications, with costs of Rs. 1,00,000/- (Rupees one lakh only). By the same common order, the MAT. APP. (F.C.) 120/2019 filed by the Wife is allowed to the extent that the interim maintenance granted to the Wife under Section 24 of the HMA is enhanced from Rs. 1,15,000/-(Rupees one lakh fifteen thousand only) to Rs. 1,45,000/- (Rupees one lakh forty five thousand only) per month from the date of filing of enhancement application.
3. The parties were married as per Hindu rites and ceremonies on 13.12.1998 and have one son born from their wedlock on 28.05.2001. However, the marital relationship soured and the parties began living separately
(1) A dead marriage can be dissolved by Supreme Court by exercising discretionary power under Article 142 of Constitution.(2) Permanent alimony – Amount of permanent alimony should not penalize husba....
(1) A dead marriage can be dissolved in exercise of Supreme Court’s powers under Article 142 of Constitution of India.(2) Principle for determination of maintenance by way of one-time settlement appl....
Prolonged separation over 20 years establishes irretrievable breakdown (dead wood marriage), warranting divorce; permanent alimony of Rs.50 lakhs fixed balancing husband's finances and wife's/daughte....
The court held that the existence of sufficient grounds for divorce must be demonstrated, alongside appropriate permanent alimony reflecting the spouse's standard of living prior to separation.
(1) Enhancement of interim maintenance – Family Court does not become functus officio after withdrawal of divorce petition and it can decide applications filed under Sections 24 and 26 of HMA, 1955 e....
The court held that a marriage can be annulled under Section 12(1)(C) of the Hindu Marriage Act if obtained through fraud, particularly when one spouse conceals crucial facts such as prior relationsh....
Divorce – A dead marriage can be given a decent quietus while protecting interest of divorced wife by granting her a decent alimony.
A marriage may be dissolved when irretrievable breakdown is evident, especially where cruelty is established, and financial obligations for maintenance must be assessed equitably.
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