Home

Supreme Court Dissolves Marriage Under Article 142 for Irretrievable Breakdown, Directs Rs.25 Lakh Payment

Copy LinkShareSave

A bench of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar heard an appeal arising from a Family Court divorce decree and an ensuing High Court judgment; the Court considered whether the marriage between the parties had irretrievably broken down and whether relief could be granted under Article 142 of the Constitution.

The Court allowed the appeal, set aside the impugned High Court judgment, and directed dissolution of the marriage on the ground of irretrievable breakdown. The bench found that the spouses had no "emotional connect" and that mediation attempts had failed. The Court, in its reasoning, observed: "In these circumstances, we exercise our jurisdiction under Article 142 of the Constitution of India and direct dissolution of the marriage between the appellant, R. Annamalai, and the respondent, Lalitha Subanam, on the ground of irretrievable breakdown of marriage." The judgment also recorded that "The appellant, R. Annamalai, agreed to pay an amount of ₹25,00,000/- (Rupees twenty five lakhs only) to the respondent, Lalitha Subanam," and stipulated that "In case the amount is not deposited within the time specified, the appellant, R. Annamalai, shall pay interest at the rate of 7% per annum, compounded annually, from the date of this order till the date the payment is made."

Background

The parties, R. Annamalai and Lalitha Subanam, were married on February 14, 2000; the appellant’s sister and the respondent’s brother had also married on the same day. The respondent began residing separately from 2006 and both parties filed and later withdrew petitions under Section 9 and Section 13 of the Hindu Marriage Act, 1955. In 2012 the appellant filed H.M.O.P. No. 361/2012 before the Family Court, Madurai, which passed a decree of divorce on June 24, 2015. The respondent successfully appealed, and the impugned High Court judgment dated April 1, 2019, set aside the Family Court decree.

During pendency of the present appeal, the Court recorded that multiple mediation attempts had been made but did not succeed and that the parties had lived together intermittently before separating again. On the material before it, the Supreme Court concluded that the marriage had irretrievably broken down and exercised plenary jurisdiction under Article 142 to grant a decree of dissolution. The Court set aside the impugned judgment and allowed the appeal "in the aforesaid terms," directing the appellant to deposit ₹25,00,000 before the Family Court, Madurai, within eight weeks; failure to do so would attract interest at 7% per annum, compounded annually, from the date of the order until payment. Pending applications, if any, stood disposed of.

Case Details: Case No.: 2025 INSC 513 (arising out of SLP(C) No. 2140 of 2022) Case Title: R. Annamalai v. Lalitha Subanam Appearances: For the Petitioner(s): Not indicated in the judgment For the Respondent(s): Not indicated in the judgment