Supreme Court upholds divorce, enhances permanent alimony to Rs.50 lakh and closes related proceedings

A bench of Justice Vikram Nath and Justice Sandeep Mehta heard the appeal concerning the grant of a decree of divorce and ancillary monetary directions. The appeal arose from the High Court of Punjab and Haryana’s judgment which had allowed an appeal by the husband, set aside the Family Court’s decision, granted a decree of divorce, and awarded permanent alimony and other financial directions for the parties’ daughter.

The Supreme Court affirmed the High Court’s decree of divorce and modified the alimony award, holding that dissolution was warranted given the long separation and the irretrievable breakdown of the marriage. The Court observed that “it would not be in the interest of either spouse or their daughter to compel the parties to reside together” and that the relationship had “become deeply embittered and acrimonious.” The Court, in its reasoning, observed: “The amount of Rs.50,00,000/- (Rupees Fifty Lakhs only) awarded herein as permanent alimony shall be treated as full and final settlement of all monetary and other claims arising out of the marital relationship between the parties. All pending proceedings, whether civil or criminal, instituted by either party against the other and arising from the marriage shall stand closed in terms of this settlement.” The Court enhanced the permanent alimony from Rs.30,00,000 to Rs.50,00,000, directed payment within three months, and upheld the High Court’s other directions regarding the child’s financial security.

Background

The parties married on 6 December 2008 and had a daughter on 13 November 2009. The husband, then in judicial training, later served as a Family Court judge; the wife had practised as an Additional Advocate General but was no longer practising at the time of the appeal. The husband filed a divorce petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955 in November 2018, withdrew it with liberty to refile, and thereafter instituted a fresh petition. The Family Court, by order dated 11 April 2023, dismissed the divorce petition, finding that cruelty was not proved and that the husband had subjected the wife to acts of cruelty. The husband appealed.

The High Court, by its impugned judgment dated 28 August 2024, allowed the husband’s appeal, granted a decree of divorce and, based on the husband’s offer, awarded Rs.30,00,000 as permanent alimony. The High Court further directed that on maturity of an LIC policy the proceeds (approximately Rs.41,00,000) be deposited in the daughter’s account, that the husband deposit Rs.30,000 per month in the daughter’s account until she could maintain herself, that he bear all marriage expenses for the daughter, and that he should not disinherit her.

The wife challenged the High Court’s decision before the Supreme Court. Upon hearing counsel and after personal interaction with the parties, the Supreme Court found that the parties had been living separately since 2012 and that no substantial effort to restore the marriage had succeeded. The Court held that continuing the marital tie would “prolong hostility and impede their ability to move forward with dignity” and therefore affirmed that the marriage had “broken down beyond repair.” Considering the husband’s status as a serving judicial officer, his income, and prospects, the Court enhanced the permanent alimony to Rs.50,00,000 and directed payment within three months. The Court upheld the High Court’s directions regarding the LIC proceeds, monthly maintenance for the daughter, marriage expenses, and the prohibition against disinheritance. It further directed that the wife furnish bank details to facilitate payment. The award of Rs.50,00,000 was declared full and final settlement of all monetary and other claims arising from the marital relationship, and all pending proceedings between the parties arising from the marriage were ordered closed. The appeal stood disposed of by the order dated 5 December 2025.

Case No.: CIVIL APPEAL NO(S). 14856 OF 2024 (Reportable as 2025 INSC 1390)
Case Title: Sonia Virk v. Rohit Vats
Appearances:
For the Petitioner(s): [Not indicated in the reported judgment]
For the Respondent(s): [Not indicated in the reported judgment]