Supreme Court Grants Divorce on Ground of Irretrievable Breakdown and Awards Rs 40 Lakh One‑Time Alimony

A bench of Justices Vikram Nath and Prasanna B. Varale heard an appeal by a husband challenging the Uttarakhand High Court’s dismissal of his criminal revision against orders directing maintenance to his estranged wife; the core issue was whether the marriage should be dissolved on the ground of irretrievable breakdown and what permanent alimony would be appropriate.

The Court allowed the appeal, set aside the High Court order dated 28.11.2022 and, in exercise of its powers under Article 142 of the Constitution, dissolved the marriage by granting a decree of divorce on the ground of irretrievable breakdown. The Court recognised the long separation and “irreconcilable” differences and directed a one‑time permanent alimony of Rs. 40 lakhs to the respondent payable in four equal monthly instalments, observing the amount would “cover all the pending and future monetary claims” of the wife. The Court, in its reasoning, observed: "Firstly, with regard to the question of dissolution of marriage as prayed by the appellant, it is an admitted fact that the parties have been living separately since December, 2007, i.e. for more than last 17 years. Even back then, the parties had stayed together for a brief period of about 14 months and there is no issue out of the wedlock. The respondent had also filed a case of domestic violence against the appellant and his family members. The relations between the parties have evidently grown sour beyond the point of return and such a long period of separation has turned these differences irreconcilable. It is unfortunate that the parties have already spent a large number of years of their adult lives fighting marital battles in the courtrooms. The parties are currently placed in their early forties and still have a considerable natural life ahead of them to look forward to. It is evident that in the instant case, the marital discord has reached to a point of no remedy and there is an irretrievable breakdown of marriage. Therefore, no purpose shall be served by insisting for the parties to continue a marital relation which is already dead and we are, accordingly, inclined to allow the application preferred by the husband and grant divorce on the ground of irretrievable breakdown of marriage."

Background: The marriage between the appellant and respondent was solemnised on 6 October 2006; the parties lived together for about 14 months and had been living separately since December 2007. The respondent alleged dowry demand and cruelty; she filed proceedings under Section 125 Cr.P.C. and later under the Protection of Women from Domestic Violence Act, 2005 (DV Act). The Judicial Magistrate (Karanprayag) in May 2010 awarded Rs. 5,000 per month under Section 125. In June 2016 the Judicial Magistrate, Dehradun granted interim maintenance of Rs. 15,000 per month under the DV Act in addition to the Section 125 award and directed provision of accommodation; those orders were affirmed by the Additional Sessions Judge in September 2017. The appellant’s criminal revision before the Uttarakhand High Court was dismissed on the ground that the lower courts had considered the earlier Section 125 award while fixing DV Act maintenance and no adjustment was warranted.

The appellant had separately sought divorce in the Family Court; the Family Court on 22.01.2019 rejected his petition and allowed the respondent’s prayer for restitution of conjugal rights, and an appeal against that order remained pending in the High Court. While admitting the special leave petition, this Court ensured interim compliance by directing the appellant to deposit a draft of Rs. 4,00,000 towards 50% of maintenance arrears; the Registry invested the amount and later disbursed it, with counsel for the appellant undertaking to pay several months’ pending maintenance directly to the respondent. Attempts at mediation through the Supreme Court Mediation Centre did not succeed. The appellant sought limited relief under Article 142 and reliance on this Court’s precedents allowing dissolution in cases of irretrievable breakdown; he also offered Rs. 25 lakhs as permanent alimony, which the Court found inadequate in the facts of the case.

Weighing the prolonged separation (over 17 years), the parties’ ages and the financial positions (the respondent unemployed; appellant employed as a government college lecturer with disputed income claims), the Court concluded that continuation of the marital relationship served no purpose and that a one‑time permanent alimony of Rs. 40,00,000 was just and equitable. The Court directed payment in four equal monthly instalments of Rs. 10 lakhs each, the first within one month, and ordered that the decree be drawn only after proof of payment of Rs. 40,00,000 was filed. The appeal was allowed and the impugned High Court order was set aside; no order as to costs was made and interlocutory applications stood disposed of.

Case Details: Case No.: 2025 INSC 413 (Criminal Appeal arising from SLP(Crl.) No. 12249 of 2023) Case Title: Gajendra Singh v. Reena Balmiki & Anr. Appearances: For the Petitioner(s): Not indicated in the reported judgment For the Respondent(s): Not indicated in the reported judgment