1. Appeal against High Court order setting aside a divorce decree granted on grounds of cruelty under the Hindu Marriage Act, 1955. (Para 2 , 3 )
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2025 Supreme(SC) 1200
SUPREME COURT OF INDIA
Vikram Nath, Sandeep Mehta, JJ.
A. Ranjithkumar – Appellant
Versus
E. Kavitha – Respondent
Civil Appeal No. 10654 of 2025 (@ Arising Out of SLP(C) No. 31247 of 2018)
Decided On : 14-08-2025
Advocates appeared:
For the Petitioner(s): Mr. S. Nagamuthu, Sr. Adv. Mr. M.P. Parthiban, AOR Ms. Priyaranjani Nagamuthu, Adv. Mr. Ankur Prakash, Adv. Mrs. Priyanka Singh, Adv. Mr. Bilal Mansoor, Adv. Mr. Shreyas Kaushal, Adv. Mr. S. Geyolin Selvam, Adv. Mr. Alagiri K, Adv.
For the Respondent(s): Mr. Anup Kumar, AOR Mrs. Shruti Singh, Adv. Ms. Pragya Choudhary, Adv. Mr. Awanish Gupta, Adv. Mr. Shivam Kumar, Adv. Mrs. Neha Jaiswal, Adv. Mr. Vishnu Prabhakar, Adv.
For the Petitioner(s): Mr. S. Nagamuthu, Sr. Adv. Mr. M.P. Parthiban, AOR Ms. Priyaranjani Nagamuthu, Adv. Mr. Ankur Prakash, Adv. Mrs. Priyanka Singh, Adv. Mr. Bilal Mansoor, Adv. Mr. Shreyas Kaushal, Adv. Mr. S. Geyolin Selvam, Adv. Mr. Alagiri K, Adv.
For the Respondent(s): Mr. Anup Kumar, AOR Mrs. Shruti Singh, Adv. Ms. Pragya Choudhary, Adv. Mr. Awanish Gupta, Adv. Mr. Shivam Kumar, Adv. Mrs. Neha Jaiswal, Adv. Mr. Vishnu Prabhakar, Adv.
The Supreme Court dissolved the marriage due to irretrievable breakdown under Article 142, and awarded Rs.1,25,00,000 as permanent alimony after acknowledging the husband's lack of support.
Headnote:(A) Hindu Marriage Act, 1955 - Sections 13(1)(ia) and (ib) - Dissolution of marriage - Appeal by husband against High Court's decision setting aside divorce decree due to alleged cruelty - High Court noted the absence of accountability of wife for father’s actions - Irretrievable breakdown of marriage established over 15 years of separation - Court exercises powers under Article 142 of Constitution for divorce. (Paras 3.4, 6, 7, 9, 12)
(B) Permanent alimony - Award of Rs.1,25,00,000/- as one-time payment to wife decided based on financial status and lack of support during separation. (Paras 8, 10, 11)
Facts of the case:
Marriage occurred on 15.02.2009, child born on 07.04.2010; divorce petition filed in 2012 citing cruelty/alleged adultery. Parties living separately since 2010.
Findings of Court:
Divorce granted via Article 142 due to irretrievable breakdown; permanent alimony set at Rs.1,25,00,000/-, payable in instalments.
Issues: Whether the High Court was correct to set aside the divorce decree on grounds of cruelty and the appropriate alimony.
Ratio Decidendi: The court emphasized the irretrievable breakdown of the marriage and invoked Article 142, recognizing the practical considerations of the case and ensuring just compensation.
Result: Appeal allowed, divorce granted.
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Table of Contents
2. Dispute over whether relative's utterances constitute cruelty and request for dissolution of marriage under Article 142 of the Constitution. (Para 3 , 5 )
3. Long-term separation, failed mediation, and subsequent remarriage indicate the marriage has irretrievably broken down with no possibility of reconciliation. (Para 6 )
4. Marriage that has irretrievably broken down may be dissolved by the Supreme Court through the exercise of its powers under Article 142 of the Constitution. (Para 7 )
5. Appeal allowed and High Court order set aside; marriage dissolved subject to payment of permanent alimony. (Para 9 , 12 )
6. Can the Supreme Court grant a divorce if the marriage has irretrievably broken down?
Yes, the Supreme Court can invoke its extraordinary powers under Article 142 of the Constitution of India to dissolve a marriage that has irretrievably broken down, particularly when there is no possibility of reconciliation between the parties. (Para 6 , 7 )
7. What factors indicate that a marriage has irretrievably broken down?
Factors include long-term separation, the failure of mediation efforts, a lack of inclination by either party to resolve differences, and the subsequent remarriage of one of the spouses. (Para 6 )
8. Can the court award permanent alimony while dissolving a marriage under Article 142?
Yes, the court may award a lump sum as permanent alimony to the spouse and children, taking into account the financial status of the parties and the history of financial support provided during the marriage. (Para 8 , 9 )
JUDGMENT :.
VIKRAM NATH, J.
1. Leave granted.
2. This appeal arises from the judgment dated 24.08.2018 passed by the High Court of Judicature at Madras in Civil Miscellaneous Appeal No. 2678 of 2017, whereby the High Court allowed the appeal filed by the respondent-wife and set aside the decree of divorce granted by the Family Court on 17.10.2016.
3. The relevant facts, briefly stated, are as follows:
3.1. The marriage between the appellant-husband and the respondent-wife was solemnized on 15.02.2009. Shortly thereafter, the parties relocated to the United States of America, where the appellant-husband was employed.
3.2. A son was born to the parties on 07.04.2010.
3.3. On 26.09.2012, the appellant-husband instituted a divorce petition bearing H.M.O.P. No. 197 of 2012 (later renumbered as F.C.O.P. No. 245 of 2014) under Sections 13(1)(ia) and (ib) of the HINDU MARRIAGE ACT , 1955, seeking dissolution of marriage on the grounds of cruelty and adultery.
3.4. The Family Court, by its order dated 17.10.2016, granted a decree of divorce on the ground of cruelty. The allegation of adultery was not found to be proved.
3.5. Aggrieved by the said decree, the respondent- wife filed Civil Miscellaneous Appeal No. 2678 of 2017 before the High Court on 11.01.2017. Although notice was directed to be issued on 14.02.2017, the same remained unserved upon the appellant-husband.
3.6. On 05.03.2017, the appellant-husband contracted a second marriage.
3.7. The High Court, by the impugned order, set aside the decree of divorce. It observed that the principal instance of cruelty accepted by the Family Court was the rude utterances of the respondent-wife’s father. The High Court held that while such utterances may have agitated the appellant-husband, the respondent-wife could not be held liable for them.
3.8. The appellant-husband is now before this Court, challenging the decision of the High Court.
4. We have heard learned counsel appearing for both parties.
5. At the outset, notice was issued by this Court with a view to exploring the possibility of settlement through mediation. However, the mediation efforts have failed. The appellant-husband has moved an application under Article 142 of the Constitution of India seeking dissolution of the marriage.
6. It is evident that there is no possibility of reconciliation between the parties. They have been living separately since 2010, for nearly 15 years. There is no vestige of matrimonial relationship between them, and neither party has shown any inclination to resolve their differences. Furthermore, the appellant-husband has been remarried since 05.03.2017. In these circumstances, we see no purpose in continuing the legal relationship between the parties. The marriage has irretrievably broken down.
7. We are of the considered view that this is a fit case for granting divorce by invoking our powers under Article 142 of the Constitution. Accordingly, the marriage solemnized on 15.02.2009 stands dissolved.
8. We further deem it just and proper to award a one- time lump sum as permanent alimony to the respondent-wife and their son. It has been brought to our attention that the appellant-husband has not provided financial support during these years. Considering the financial status of both parties and the circumstances of the case, we direct the appellant to pay a sum of Rs.1,25,00,000/- (Rupees One Crore Twenty-Five Lakhs only) as permanent alimony and all other claims of the wife would stand satisfied.
9. The marriage between the parties stands dissolved by exercise of this Court’s power under Article 142 of the Constitution of India, subject to the condition that the appellant-husband shall pay the aforesaid sum of Rs.1,25,00,000/- (Rupees One Crore Twenty-Five Lakhs only) to the respondent-wife as permanent alimony. A decree shall be drawn upon furnishing of proof before the Registry that such payment has been made.
10. The amount shall be paid in five equal quarterly instalments of Rs.25,00,000/- (Rupees twenty five lakh
