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SUPREME COURT OF INDIA
Vikram Nath, Sandeep Mehta, JJ.
Sonia Virk – Appellant
Versus
Rohit Vats – Respondent
Civil Appeal No(s). 14856 of 2024
Decided On : 05-12- 2025
(A) Hindu Marriage Act, 1955 – Section 13(1)(ia) – Divorce – Cruelty by wife – Every endeavour was made to explore possibility of reconciliation or, alternatively, an amicable separation; however, given conduct and attitude of both parties, no viable solution could be reached – Parties have been residing separately since 2012 which is more than thirteen years now, and no substantial or meaningful effort has been made in restoring their matrimonial relationship – Though appellant-wife opposes dissolution of marriage, it is in best interest of both parties that they live apart – Marriage has broken down irretrievably – Relationship has become deeply embittered and acrimonious over the years – They have a seventeen-years old daughter whose well-being, care, and future stability must remain paramount – There is no purpose in perpetuating a legal bond that has long ceased to have any substance – Continuing marital tie would serve neither spouses nor their child; rather, it would only prolong hostility and impede their ability to move forward with dignity – Decree of divorce granted by High Court upheld. (Paras 4, 5, 6, 7 and 13)
(B) Hindu Marriage Act, 1955 – Section 25 – Permanent alimony – Divorce between parties – Respondent-husband is a serving Judicial Officer holding a responsible public position and is under heightened obligation to ensure fair, adequate, and dignified financial security for his wife and daughter – Appellant-wife, who is presently not engaged in legal practice, is entitled to maintain a standard of living broadly commensurate with what she enjoyed during subsistence of marriage – Child, now seventeen years of age and soon to pursue higher education, will also require continued financial support and stability – Amount of permanent alimony awarded by High Court requires enhancement – Sum of Rs.30,00,000/- (Rupees Thirty Lakhs) awarded by High Court enhanced to Rs.50,00,000/- (Rupees Fifty Lakhs). (Paras 8, 9 and 10)
Facts of the case:
Present appeal arises from the judgment dated 28th August 2024 passed by the High Court of Punjab and Haryana at Chandigarh in FAO-3803-2023 (O&M), whereby the High Court set aside the judgment dated 11th April 2023 of the Family Court, granted a decree of divorce, and awarded sum of Rs.30,00,000/- as permanent alimony to the appellant-wife.
Findings of Court:
Decree of divorce granted by the High Court is upheld, and the direction relating to permanent alimony stands modified in terms of this judgment.
Result : Appeal disposed of.
JUDGMENT :
VIKRAM NATH, J.
1. The present appeal arises from the judgment dated 28th August 2024 passed by the High Court of Punjab and Haryana at Chandigarh in FAO-3803-2023 (O&M), whereby the High Court set aside the judgment dated 11th April 2023 of the Family Court, granted a decree of divorce, and awarded a sum of Rs.30,00,000/- (Rupees Thirty Lakhs only) as permanent alimony to the appellant-wife.
2. The brief facts giving rise to the present proceedings are as follows:
2.1. The marriage between the appellant-wife and respondent-husband was solemnised on 6th December 2008 in accordance with Hindu rites and ceremonies. At the time, the respondent-husband was undergoing training as a judicial officer at the Judicial Academy, Chandigarh, and the appellant- wife was practising as an Additional Advocate General.
2.2. Presently, the respondent-husband is posted as a Family Court Judge at Jamnagar, Haryana, and the appellant-wife is no longer practising as an advocate.
2.3. A daughter was born to the parties on 13th November 2009.
2.4. On 27th November 2018, the respondent-husband instituted a petition for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 19551[Hereinafter referred to as “HMA”], on the ground of cruelty. The petition was withdrawn on 4th January 2019 with liberty to file a fresh petition on the same cause of action.
2.5. On 8th March 2019, the respondent-husband filed a second petition on the same ground, which was returned for want of jurisdiction. Thereafter, on 5th October 2019, the respondent-husband instituted the present divorce petition before the Competent Court at SAS Nagar, Mohali.
2.6. Upon considering the pleadings and evidence, the Family Court, by order dated 11th April 2023, dismissed the petition holding that the allegation of cruelty was not proved and, in fact, it was the respondent-husband who had subjected the appellant-wife to acts of cruelty.
2.7. Aggrieved thereby, the respondent-husband preferred an appeal before the High Court.
2.8. The High Court, by the impugned judgment, allowed the appeal and granted a decree of divorce. It observed that it would not be in the interest of either spouse or their daughter to compel the parties to reside together. Based on the offer made by the respondent-husband, the High Court awarded Rs.30,00,000/- (Rupees Thirty Lakhs only) as permanent alimony to the appellant-wife. It further directed that on maturity of the LIC policy purchased by the respondent-husband, the amount of Rs.41,00,000/- (Rupees Forty One Lakhs only) shall be deposited in the account of the daughter; that a sum of Rs.30,000/- (Rupees Thirty Thousand only) per month shall be deposited by the respondent-husband in his daughter’s account until she is able to maintain herself; that he shall bear all expenses towards her marriage; and that he shall not disinherit her from his estate.
2.9. Aggrieved, the appellant-wife has approached this Court.
3. We have heard learned senior counsel for the parties and carefully perused the material on record.
4. Regarding the challenge to the decree of divorce, we find that though the appellant-wife opposes the dissolution of marriage, it is in the best interest of both parties that they live apart. It is an admitted fact that the parties have been residing separately since 2012 which is more than thirteen years now, and no substantial or meaningful effort has been made in restoring their matrimonial relationship.
5. The High Court noted that every endeavour was made to explore the possibility of reconciliation or, alternatively, an amicable separation; however, given the conduct and attitude of both parties, no viable solution could be reached. The High Court also interacted with the parties in person and found the marriage to have broken down irretrievably.
6. Pursuant to our directions, both parties were present before this Court as well. From their submissions and the material placed on record, it is evident that the relationship has become deeply embitter
Divorce – A dead marriage must be given a decent quietus – There is no purpose in perpetuating a legal bond that has long ceased to have any substance.
Decree of divorce is not under challenge not deem it necessary to go into the excruciating details as regards the allegations and counter allegation made by the parties in the divorce petition.
Permanent alimony should reflect a fair balance between the financial capacity of the paying spouse and the needs of the receiving spouse, promoting equitable outcomes in divorce settlements.
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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.
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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....
The Supreme Court emphasized that permanent alimony is to ensure dependent spouses are supported post-divorce, enhancing the amount to Rs. 5 lakhs due to inadequate initial award.
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