Summary
Following prolonged separation, failed reconciliation attempts and the parties’ agreement that their marriage could not continue, the Supreme Court dissolved it under Article 142. Assessing both spouses’ earnings, assets, lifestyle, dependants and liabilities, it fixed Rs.2 crore as permanent alimony covering pending and future claims, payable within four months, and directed closure of the related proceedings through the courts concerned.
Issues
- Whether the marriage had irretrievably broken down so as to warrant dissolution under Article 142.
- What one-time permanent alimony was fair in view of both parties’ resources, needs and obligations.
- How the pending matrimonial and related proceedings should be concluded.
Provisions considered
- Article 142, Constitution of IndiaThe Supreme Court exercised its case-specific discretion to dissolve the irretrievably broken marriage and settle financial and connected litigation consequences. (¶¶ 18, 19, 20, 21, 33, 34)
Held
- Irretrievable breakdown must be firmly established on objective facts. Relevant considerations include cohabitation, length of separation, allegations and litigation, attempts at reconciliation and their outcomes; Article 142 discretion must be exercised cautiously. (¶¶ 16, 17, 18, 19)
- The parties had cohabited for less than a year, remained separated for years and unsuccessfully attempted reconciliation at several stages. Both accepted that reunion was impossible and wished to end the relationship; these circumstances justified dissolution under Article 142 with financial protection for the wife. (¶¶ 11, 13, 15, 20, 21)
- Permanent alimony admits no fixed formula. Relevant factors include income and property, social and financial position, reasonable needs, accustomed lifestyle, qualifications and employment, sacrifices for family, dependants, liabilities and litigation expenses. The aim is fair support rather than punishment. (¶¶ 23, 24, 25, 26, 27)
- Employment of the wife does not itself bar maintenance; the adequacy of her income for the matrimonial standard of living must be assessed. The husband’s actual resources, earning capacity, reasonable personal expenditure and lawful obligations also matter. (¶¶ 25, 26, 27)
- Both parties were qualified and employed, but the husband earned substantially more and had capacity to support his former wife. Balancing their resources, prospects, lifestyle and obligations, neither her demand nor his offer was adequate; Rs.2 crore was fixed to cover all pending and future claims, payable within four months. (¶¶ 28, 29, 30, 31, 32, 33)
- The lower-court orders were set aside and divorce granted. The parties could present certified copies of the judgment to the courts handling their civil and criminal cases, which were directed to pass appropriate orders closing those proceedings. (¶¶ 34, 35, 37)
Result
Marriage dissolved under Article 142; husband to pay Rs.2 crore permanent alimony within four months covering pending and future claims. Lower-court orders set aside; connected proceedings to be closed by the respective courts on production of the judgment. No costs.