'Marriage Has Irretrievably Broken Down': SC Grants Divorce To Husband; Directs Him To Pay ₹50L As Permanent Alimony To Wife

The bench of Justice Vikram Nath and Justice Satish Chandra Sharma observed, “…considering the fact that the Appellant has previously been employed by various multinational corporations in managerial post(s); and the fact that the Appellant is presently endowed with a respectable estate; we deem it fit and proper that the Appellant pays an amount of Rs. 50,00,000/- (Rupees Fifty Lakh Only) to the Respondent Wife as permanent alimony.”

Senior Advocate P.S. Patwalia assisted the Court.

Brief Facts-

The Appellant and the Respondent married in 1991 according to Hindu customs. After approximately 14 years together, bitterness arose in their relationship. The Respondent allegedly ill-treated the Appellant and acted against him at the insistence of her parents, while the Respondent/Wife claimed cruelty and torture by the Appellant/Husband. Despite efforts to reconcile, the parties insisted on ending their marriage due to an irretrievable breakdown.

The Petitioner approached the Supreme Court with the present Petition against the decision of the Punjab & Haryana High Court that upheld the decision of the district Judge that dismissed a petition instituted by him under Section 13(1)(ia) of the Hindu Marriage Act, 1955 seeking dissolution of marriage by way of a decree of divorce.

Senior Advocate Patwalia informed the Court that despite his best efforts, the parties were not willing to arrive at an amicable settlement and that there was no possibility of the parties residing together.

The division bench noted that the parties separated 22 (twenty-two) years ago and the children are now majors and gainfully employed; the elder son is an associate in a dental clinic; and the younger son is a video/film editor.

The Court was satisfied that facts on record establish that the marriage between the parties has broken down and that there is no possibility that the parties would cohabit together in the future.

Accordingly, the Court exercised its discretion under Article 142(1) of the Constitution of India and passed a decree of divorce on the grounds of irretrievable breakdown of marriage.

Cause Title: X v. Y (Neutral Citation: 2024 INSC 382)