SC dissolves marriage, orders man to pay ₹1.25 crore alimony to wife
₹ 1.25 crore alimony to wife
A bench of Justices Vikram Nath and Sandeep Mehta said the couple was living separately since 2010 and the man had remarried in March 2017.
"We see no purpose in continuing the legal relationship between the parties. The marriage has irretrievably broken down," the bench said.
The verdict came on an appeal filed by the man against an August 2018 order of the Madras High Court which allowed the woman's plea and set aside the decree of divorce granted by a family court in October 2016.
The top court, however, said, "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."
Finding it a fit case to grant divorce, the bench invoked its extraordinary powers under Article 142 of the Constitution.
The top court also found it proper to award a one-time lump sum as permanent alimony to the woman and their son.
It was brought to the court's attention that the man had not provided financial support during the years of the legal battle.
"We direct the appellant to pay a sum of ₹1.25 crore as permanent alimony and all other claims of the wife would stand satisfied," it said.
The bench said a decree should be drawn upon furnishing of proof before the apex court registry that the payment has been made.
The amount was directed to be paid in five equal quarterly instalments of ₹25 lakhs each.
"It is further directed that in the event of any default in payment of any instalment, this order shall stand recalled, and any amount already paid by the appellant-husband shall stand forfeited," the bench said.
The top court noted the marriage between the parties was solemnised in February 2009 and shortly thereafter, they relocated to the US where the husband was employed.
It said the man instituted a divorce petition in September 2012 seeking dissolution of marriage on the grounds of alleged cruelty and adultery.
The bench noted a family court in October 2016 granted a decree of divorce on the ground of cruelty while the allegation of adultery was not proved.
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