The Supreme Court dismissed the Miscellaneous Application, holding that all disputes, including maintenance, were finally settled by its previous judgment.

The Court clarified that the permanent alimony of Rs. 50 lakh already awarded constituted a complete settlement, and no further claims could be entertained.

The Family Court maintenance case stands closed, and any arrears from prior maintenance orders will not be included in the alimony.

The application was devoid of merit and was rejected in its entirety.

Acts and Sections Discussed:

• Constitution of India, 1950 – Article 142 – Plenary power of the Supreme Court for complete justice.
• Hindu Marriage Act, 1955 – Section 13B – Divorce on mutual consent – Concept of irretrievable breakdown of marriage.
• Code of Civil Procedure, 1908 (CPC) – Order 47 – Review and modification of judgments.
• Code of Criminal Procedure, 1973 (CrPC) – Section 125 – Maintenance rights of wife.

Subjects:

Divorce – Irretrievable Breakdown – Permanent Alimony – Maintenance – Full and Final Settlement – Miscellaneous Application – Family Court – Res Judicata – Clarification – Modification

Facts

1. Nature of the Litigation

   • A Miscellaneous Application was filed by the wife (respondent-applicant) seeking clarification and modification of the Supreme Court’s judgment dated 06.05.2024.

2. Who Is Asking the Court and for What Remedy?

   • The wife (respondent-applicant) sought to include arrears from Maintenance Case No. 408/2017 (pending before the Family Court, Dwarka) into the permanent alimony of Rs. 50 lakh awarded by the Supreme Court.

3. Reason for Filing the Case

   • The respondent-wife claimed that her pending maintenance dues should be covered within the alimony granted by the Supreme Court and sought the closure of the maintenance case before the Family Court.

4. What Has Already Been Decided Until Now?

   • The Supreme Court had previously granted divorce on the ground of irretrievable breakdown of marriage and awarded the wife Rs. 50 lakh as full and final permanent alimony, payable in five installments.
   • Both parties admitted that the full amount had already been paid by the husband (appellant).

Issues Before the Court

• Whether arrears from the pending maintenance case before the Family Court, Dwarka, should be included in the permanent alimony already awarded?
• Whether the maintenance case should be closed after the Supreme Court’s order?

Submissions/Arguments

Respondent (Wife’s) Contentions:
a) The arrears from Maintenance Case No. 408/2017 should be added to the alimony amount.
b) Since the Supreme Court granted permanent alimony, all pending maintenance matters should be formally closed.

Appellant (Husband’s) Contentions:
a) The Rs. 50 lakh was granted as full and final settlement under the Supreme Court’s judgment.
b) There was no provision for additional claims after final settlement.
c) The Miscellaneous Application was misconceived and should be rejected.