The Supreme Court has directed a husband to pay ₹1.25 crore as permanent alimony to his wife while dissolving the marriage on the ground of irretrievable breakdown under Article 142 of the Constitution.
The bench comprising Justices Vikram Nath and Sandeep Mehta heard the appeal arising out of a Madras High Court’s order which set aside the divorce decree granted in favour of the husband by the family court on grounds of cruelty by Respondent-wife.
Setting aside the High Court’s decision, the judgment authored by Justice Vikram Nath invoked the Court’s inherent powers under Article 142 of the Constitution to dissolve the marriage, stating that the marriage was irretrievably broken down because of the remarriage of the husband which undertook based on the divorce decree passed in his favour by the family court.
“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. Furthermore, the appellant-husband has been remarried since 05.03.2017. In these circumstances, we see no purpose in continuing the legal relationship between the parties. The marriage has irretrievably broken down.”, the court said.
Upon knowing that the Respondent-wife and child have not received any financial support from the Appellant-husband, the Court as a one-time settlement directed the husband ₹1,25,00,000/- (Rupees One Crore Twenty-Five Lakhs only) as permanent alimony.
The amount has to be paid in five equal quarterly instalments of Rs.25,00,000/- (Rupees twenty five lakhs) from September 15, 2025.
Accordingly, the appeal was allowed, and the impugned order was set aside.
The judgment did not end with divorce. The Court turned to the question of financial support, noting that the husband had not provided for his wife and son during the long years of separation. To ensure justice, the Court ordered him to pay a one time lump sum of Rs 1.25 crore as permanent alimony. This amount, the Court said, would settle all pending claims. The sum is to be paid in five equal quarterly instalments of Rs 25 lakh each, starting September 2025.
The Court made it clear that once the alimony is paid, neither party can raise further financial demands. The bench emphasised that while the marriage was being dissolved in favour of the husband, the financial security of the wife and child must also be protected.
This ruling is a textbook case of the Court using its Article 142 powers to break through years of deadlock. The apex court noted that the couple’s marriage existed only on paper for over a decade. The husband had built a new life, while the wife continued to face uncertainty due to the pendency of litigation. By granting divorce and awarding a substantial settlement, the Court sought to give closure to both sides.
The case highlights the human cost of prolonged matrimonial disputes. What began as a hopeful marriage in 2009 spiralled into separation in 2010, litigation in 2012, a Family Court divorce in 2016, reversal by the High Court in 2018, and finally Supreme Court intervention in 2025. For 15 years the parties remained locked in a bitter battle, but the Court has now drawn the curtains with a definitive settlement.
The ruling also illustrates the evolving judicial stance on irretrievable breakdown of marriage. While not yet a statutory ground under the Hindu Marriage Act, the Supreme Court has repeatedly invoked its constitutional powers to end marriages that exist only in name, emphasising that forcing estranged parties to remain tied together legally is unfair and purposeless.
The judgment sends a clear signal: where there is no possibility of reunion and the relationship is beyond salvage, the Court will not hesitate to dissolve the marriage and secure financial justice for the spouse and child left behind.
Case Title: A Renjithkumar Vs E Kavitha
