Supreme Court Dissolves Dead Marriage Under Article 142; Orders ₹5 Crore Allimony

Supreme Court Dissolves ‘Dead Marriage’ Under Article 142: Husband Directed to Pay ₹5 Crore Permanent Alimony | Pankaj Kumar & Co. | Akanksha Roy

Supreme Court on Divorce by Irretrievable Breakdown of Marriage 

A Landmark Judgment for Matrimonial Litigation

In a significant judgment that will have a lasting impact on divorce law, permanent alimony, child custody, maintenance disputes, and Article 142 of the Constitution, the Hon'ble Supreme Court of India dissolved a marriage that had become completely unworkable after nearly a decade of bitter litigation.

Describing the dispute as a "Matrimonial Mahabharata", the Supreme Court exercised its extraordinary powers under Article 142 of the Constitution of India to bring complete justice between the parties by dissolving the marriage, directing payment of ₹5 Crore as permanent alimony, quashing more than 80 civil and criminal proceedings, granting permanent custody of the children to the wife, and putting an end to all pending matrimonial disputes.

For individuals searching online for a Best Divorce Lawyer in Delhi, Best Family Lawyer in Delhi, Permanent Alimony Advocate, Child Custody Lawyer, Article 142 Divorce, or Matrimonial Dispute Lawyer, this judgment is an important precedent highlighting the Supreme Court's approach where litigation itself becomes a tool of harassment.

Husband Repeatedly Defaulted in Maintenance

The Family Court awarded interim maintenance of ₹80,000 per month along with educational expenses of the children and litigation expenses.

Despite repeated directions from the Family Court and the Bombay High Court, the husband continuously defaulted in making payment.

Execution proceedings had to be initiated repeatedly merely for recovery of maintenance.

Even after the High Court upheld the maintenance order, the husband failed to comply.

Ultimately, the Family Court struck off his defence and dismissed his divorce and custody petitions owing to persistent non-compliance.

Artificial Financial Incapacity Rejected

The husband attempted to portray himself as financially incapable of paying maintenance.

However, the Supreme Court noticed that:

1. he had earlier been Director in several family companies,

2. resigned from those directorships,

3. enrolled as an advocate,

4. and attempted to create an artificial picture of financial inability.

The Court held that this was merely a subterfuge to evade legal and moral obligations towards his wife and children.

Marriage Declared "Dead For All Practical Purposes"

The Supreme Court made strong observations that:

1. parties had lived separately for nearly nine years,

2. more than eighty litigations had arisen,

3. bitterness had reached extraordinary levels,

4. litigation had engulfed family members as well as advocates.

The Court observed that such relentless, vindictive and oppressive conduct made continuation of matrimonial relationship impossible.

The Bench held that:

"The marriage is dead for all practical purposes."

Further observing that the dispute had crossed every limit and had assumed the nature of a "Matrimonial Battle of Mahabharata."

Exercise of Article 142 Powers

Invoking the extraordinary powers under Article 142 of the Constitution, the Supreme Court granted complete relief by:

 Dissolving the marriage

 Quashing all civil proceedings

 Quashing all criminal proceedings

 Closing complaints against wife's advocates

 Closing proceedings against relatives

 Granting permanent custody of children

 Directing payment of permanent alimony

 Bringing complete quietus to decade-long litigation.

₹5 Crore Permanent Alimony Awarded

The Court directed the husband to pay a consolidated amount of ₹5 Crore towards:

1. Permanent Alimony

2. Past Maintenance

3. Future Maintenance

4. Child Support

5. Educational Expenses

6. Litigation Expenses

The amount was directed to be paid within one year either:

1. in one lump sum, or

2. in four equal quarterly instalments.

Child Custody Directions

The Supreme Court further directed:

1. Absolute custody of both sons to remain with the mother.

2. Monthly visitation rights to the father.

3. Temporary custody during half of summer and winter vacations.

4. Full cooperation by the father for passport-related formalities of the Canadian citizen son.

Why This Judgment Is Important

This decision is significant because it reiterates that:

1. Marriage cannot be kept alive merely on paper.

2. Courts will intervene where litigation becomes harassment.

3. Repeated default in maintenance has serious legal consequences.

4. Artificial concealment of income will not be accepted.

5. Filing multiple proceedings to pressurize the spouse may itself justify dissolution.

6. The Supreme Court can invoke Article 142 to provide complete justice where ordinary legal remedies prove inadequate.

Expert Legal Assistance – Pankaj Kumar & Co. | Akanksha Roy

If you are facing any matrimonial dispute involving:

Divorce Cases

Mutual Consent Divorce

Contested Divorce

Child Custody

Permanent Alimony

Interim Maintenance

Domestic Violence Cases

Section 125 CrPC / Section 144 BNSS Maintenance

Restitution of Conjugal Rights

Special Marriage Act Disputes

High Net Worth Divorce Litigation

NRI Divorce Cases

Family Court Matters

Supreme Court Matrimonial Litigation

Pankaj Kumar & Co. | Akanksha Roy provides experienced legal representation before the Supreme Court of India, Delhi High Court, Family Courts, District Courts, and other courts across Delhi NCR.

Our team regularly advises clients in complex matrimonial disputes involving maintenance, child custody, domestic violence, property disputes between spouses, execution of maintenance orders, and appeals before higher courts.