Case Note & Summary
The present Miscellaneous Application was filed by the original respondent (wife) in Civil Appeal No. 6088 of 2024, seeking clarification and modification of the Supreme Court's judgment dated 06.05.2024. In that judgment, the Court had allowed the appeal filed by the husband and granted a decree of divorce on the ground of irretrievable breakdown of marriage, awarding a permanent alimony of Rs. 50,00,000/- to the wife, payable in five installments. The parties admitted that the entire amount had been paid. The wife then filed the present application seeking to include the arrears in Maintenance Case No. 408 of 2017 pending before the Family Court, Dwarka, as part of the permanent alimony and to close that maintenance case. The Supreme Court dismissed the application as misconceived and devoid of merit. It clarified that the judgment dated 06.05.2024 had finally settled the lis between the parties in its entirety, including the issue of maintenance. The permanent alimony of Rs. 50,00,000/- constitutes the full and final settlement of all claims, including any maintenance obligations. Consequently, the maintenance case pending before the Family Court, Dwarka, stands closed, and any arrears arising from orders passed therein shall not be included in the permanent alimony. The Court emphasized that its final order on maintenance is the full and final adjudication, leaving no scope for further claims.
Headnote
A) Family Law - Permanent Alimony - Full and Final Settlement - The Supreme Court clarified that the permanent alimony of Rs. 50,00,000/- granted in the divorce decree constitutes the full and final settlement of all claims between the parties, including any maintenance obligations, and no further claims, including arrears from a pending maintenance case, can be entertained. (Paras 3-4) B) Family Law - Maintenance - Closure of Pending Proceedings - The Supreme Court held that once the lis between the parties was finally settled and permanent alimony awarded, all pending matters inter se parties stand closed, including the maintenance case pending before the Family Court, Dwarka, and any arrears arising from orders passed therein shall not be included in the permanent alimony. (Paras 3-4)
Issue of Consideration
Whether the permanent alimony of Rs. 50,00,000/- granted by the Supreme Court in a divorce decree on the ground of irretrievable breakdown of marriage includes arrears in a pending maintenance case before the Family Court, and whether the maintenance case should be closed.
Final Decision
The Supreme Court dismissed the Miscellaneous Application as devoid of merit. It clarified that the judgment dated 06.05.2024 had finally settled all disputes between the parties, including maintenance. The permanent alimony of Rs. 50,00,000/- constitutes the full and final settlement of all claims, including any maintenance obligations. Consequently, the maintenance case pending before the Family Court, Dwarka, stands closed, and any arrears arising from orders passed therein shall not be included in the permanent alimony.
Law Points
- Permanent alimony as full and final settlement
- Irretrievable breakdown of marriage
- Finality of Supreme Court judgment
- Closure of pending maintenance proceedings
