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2025 Supreme(SC) 360
SUPREME COURT OF INDIA
VIKRAM NATH, SANDEEP MEHTA, JJ.
Jatinder Kumar Sapra – Applicant/Appellant(s)
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, leaving no scope for further claims.
Headnote:(A) Civil Procedure - Permanent Alimony - The court granted a decree of divorce on the ground of irretrievable breakdown of marriage and awarded permanent alimony of Rs. 50,00,000/- to the wife, to be paid in installments. The appellant sought clarification regarding arrears in a pending maintenance case, which was dismissed as the matter was fully settled. (Paras 2, 3, 4)
(B) Finality of Settlement - The court clarified that the permanent alimony awarded constitutes a full and final settlement of all claims, including maintenance obligations, thus closing all pending matters between the parties. (Paras 4, 5)
Facts of the case:
The original appellant, a husband, sought clarification on a previous judgment that granted a divorce and permanent alimony to his wife, asserting that all disputes, including maintenance, were settled.
Findings of Court:
The court confirmed that the permanent alimony awarded is the complete resolution of all claims, including maintenance, and dismissed the application for modification.
Issues: The main issue was whether the pending maintenance case should be included in the permanent alimony settlement.
Ratio Decidendi: The court ruled that the permanent alimony awarded is a comprehensive settlement of all disputes, leaving no further claims or obligations.
Result: Application dismissed.
Based on the information provided, the maintenance petition was pending at the time of the court’s decision. However, the court clarified that the permanent alimony awarded was intended as a full and final settlement of all claims, including any pending maintenance claims and arrears. Therefore, the court’s ruling effectively resolved the issue of maintenance, and no further claims related to maintenance or arrears could be made afterward (!) (!) .
| Table of Content |
|---|
| 1. clarification on previous judgment (Para 1 , 2) |
| 2. seeking clarification on arrears (Para 3) |
| 3. clarification of previous judgment (Para 4) |
| 4. dismissal of the 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 appellant 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 appellant–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.
