VidhiSangh

Supreme Court of India · 18/12/2024

RINKU BAHETI versus SANDESH SHARDA

[2024] 12 S.C.R. 1355 · 2024 INSC 1014

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

On the husband's application in the wife's transfer petition, the Supreme Court dissolved the marriage under Article 142(1) on the ground of irretrievable breakdown, despite the wife's opposition. The parties had barely cohabited, faced multiple criminal and civil proceedings including the husband's arrest on the wife's FIR, mediation had failed and there was no child. Rejecting the wife's claim to alimony matching the husband's wealth or his first wife's settlement, it fixed permanent alimony at Rs. 12 crores and quashed the FIRs she had lodged.

Issues

  1. Whether the Supreme Court should exercise its power under Article 142(1) to dissolve the marriage on the ground of irretrievable breakdown on the husband's application, though the wife opposed it.
  2. What factors govern the grant of divorce on irretrievable breakdown under Article 142(1) following Shilpa Sailesh.
  3. On what principles permanent alimony should be fixed, and whether a spouse can claim alimony to equalise wealth with the other spouse or to match a former spouse's settlement.

Provisions considered

Held

Result

Husband's application under Article 142(1) allowed and marriage dissolved; criminal proceedings arising from the two FIRs lodged by the wife at Police Station Yerwada, Pune quashed; husband to pay Rs. 12 crores permanent alimony within one month, with an undertaking within two weeks, plus Rs. 3 lakhs litigation costs; wife to vacate the father-in-law's flats at Pune and Bhopal within two months of receiving the alimony, with an undertaking; transfer petition disposed of.

Judgment PDF: Supreme Court of India, [2024] 12 S.C.R. 1355.