Back
2025 Supreme(SC) 352
SUPREME COURT OF INDIA
VIKRAM NATH, SANDEEP MEHTA, JJ.
Jatinder Kumar Sapra – Applicant/Appellants
VERSUS
Anupama Sapra – Respondent
Miscellaneous Application No. 320 of 2025 (Arising Out of Diary. No. 30696 of 2024) In Civil Appeal No. 6088 of 2024
Decided On : 17-02-2025
For the Petitioner(s): Tapan Bijoy Deb Choudhury, AOR (V.C.) Mr. Tapan Choudhury, Adv.
For the Respondent(s): Mr. Varinder Kumar Sharma, AOR Mr. Shantanu Sharma, Adv. Ms. Deeksha Gaur, Adv.
Permanent alimony constitutes a full and final settlement of all claims, including maintenance obligations, closing all pending matters between the parties.
Headnote:(A) Civil Procedure - Permanent Alimony - The court clarified that the permanent alimony of Rs. 50,00,000/- awarded to the wife constitutes a full and final settlement of all claims, including maintenance obligations, thus closing all pending matters between the parties. (Paras 2, 4)
(B) Clarification of Judgment - The court dismissed the application for modification of the judgment, stating that once the lis was settled, no further claims could be entertained. (Paras 3, 4)
Facts of the case:
The original respondent sought clarification on the judgment regarding permanent alimony and maintenance, asserting that all differences were settled. The husband had already paid the alimony amount.
Findings of Court:
The court found that the permanent alimony awarded constituted a full and final settlement of all claims, including maintenance, and dismissed the application for modification.
Issues: The main issues were whether the maintenance case should be included in the permanent alimony and if the previous claims were fully settled.
Ratio Decidendi: The court ruled that the permanent alimony awarded was conclusive and settled all disputes, leaving no scope for further claims regarding maintenance.
Result: Application dismissed.
| Table of Content |
|---|
| 1. clarification on permanent alimony (Para 1 , 2) |
| 2. seeking clarification on judgment (Para 3) |
| 3. court's view on settlement (Para 4) |
| 4. dismissal of application (Para 5) |
ORDER
VIKRAM NATH, J.
1. The present Miscellaneous Application arises out of Civil Appeal No. 6088 of 2024, and has been preferred by the original respondent seeking clarification and modification of the judgment and order dated 06.05.2024 passed by this Court.
2. This Court, vide its judgment, while allowing the appeal filed by the original appellant – husband and granting a decree of divorce on the ground of irretrievable breakdown of marriage, granted a permanent alimony of Rs. 50,00,000/- (Rupees Fifty Lakhs only) to the respondent – wife, to be paid by the appellant in five installments. Counsel for the parties admit that the above amount of Rupees Fifty lakhs has been paid by the appellant to the respondent.
3. The respondent–applicant is before us in the present application seeking clarification and modification of the judgment dated 06.05.2024 to include the arrears in Maintenance Case No. 408 of 2017 pending before Family Court, Dwarka, as part of permanent alimony decided by this Court in its Judgment and to close the maintenance case in as much all differences between the parties are fully and finally settled. The application is misconceived. Once the lis between the parties was finally settled and permanent alimony of a lump sum amount was awarded, nothing further survives for consideration. All pending matters inter se parties would stand closed.
4. It is accordingly clarified that this Court in its judgment dated 06.05.2024 had finally settled the lis pending between the parties, including the issue of maintenance, in its entirety. The present Miscellaneous Application is dismissed as being devoid of merit. This Court, vide its judgment dated 06.05.2024, has conclusively adjudicated all disputes between the parties, including the issue of maintenance. The permanent alimony of Rs. 50,00,000/- (Rupees Fifty Lakh only) granted to the respondent- applicant constitutes the full and final settlement of all claims, including any maintenance obligations. Consequently, the maintenance case pending before the Family Court, Dwarka, stands closed, and any arrears arising from orders passed therein shall not be included in the permanent alimony granted by this Court. The final order of maintenance passed by this Court shall be the full and final adjudication of any maintenance proceedings between the parties, leaving no scope for further claims in this regard.
5. Pending application(s), if any, shall stand disposed of.
