Case Note & Summary
The marriage between the appellant-wife and respondent-husband was solemnized on 27.06.2012. The husband filed for divorce under Section 13 of the Hindu Marriage Act, 1955 on grounds of cruelty and desertion, alleging that the wife left the matrimonial home after two months due to his father's hospitalization, and later filed a false petition for annulment of marriage. The Family Court granted divorce on the ground of mental cruelty, which was upheld by the High Court. The wife appealed to the Supreme Court. During proceedings, the husband had remarried in 2019, and both parties agreed to divorce but disputed maintenance. The Supreme Court, noting the irretrievable breakdown of marriage and the husband's remarriage, upheld the divorce decree. On maintenance, the court considered the factors from Rajnesh v. Neha and Kiran Jyot Maini v. Anish Pramod Patel, including the husband's income (claimed as Rs. 1,30,000 per month by wife, disputed as daily-wage by husband), and awarded Rs. 15 lakhs as one-time permanent alimony, to be paid within three months, with the wife entitled to withdraw the amount deposited in the Family Court.
Headnote
A) Family Law - Divorce - Irretrievable Breakdown of Marriage - Section 13 Hindu Marriage Act, 1955 - Where the husband has remarried and the parties have no intention to continue marital relationship, the marriage has broken down irretrievably, and the court declined to interfere with the divorce decree. (Paras 15) B) Family Law - Permanent Alimony - Factors for Determination - Section 125 CrPC, Hindu Marriage Act, 1955 - The court considered the factors laid down in Rajnesh v. Neha and Kiran Jyot Maini v. Anish Pramod Patel, including status of parties, reasonable needs, income and assets of the husband, and awarded Rs. 15 lakhs as one-time settlement. (Paras 16-18) C) Family Law - Maintenance - Quantum - Section 125 CrPC - The court noted that the husband's income was disputed but directed payment of Rs. 15 lakhs as permanent alimony, considering the wife's need for support and the husband's financial capacity. (Paras 17-18)
Issue of Consideration
Whether the decree of divorce granted on grounds of cruelty should be upheld, and what amount of permanent alimony should be awarded to the wife.
Final Decision
The Supreme Court dismissed the appeal regarding the divorce decree, upholding it. On maintenance, the court directed the respondent to pay Rs. 15 lakhs as one-time permanent alimony within three months, failing which interest at 9% per annum would accrue. The wife was permitted to withdraw the amount deposited in the Family Court.
Law Points
- Irretrievable breakdown of marriage
- Permanent alimony
- Factors for determining maintenance
- Section 13 Hindu Marriage Act
- 1955
- Section 125 CrPC
