Supreme Court Grants Divorce on Grounds of Irretrievable Breakdown, Orders ₹1.25 Crore Permanent Alimony

In a significant ruling, the Supreme Court of India has dissolved a marriage on the ground of irretrievable breakdown and directed the husband to pay ₹1.25 crore as permanent alimony to his wife. The judgment highlights the Court’s power under Article 142 of the Constitution, which enables it to deliver complete justice in matters where ordinary remedies fall short.

Background of the Case

The appeal arose from a Madras High Court decision that had set aside a divorce granted by the family court. The family court had earlier dissolved the marriage on grounds of cruelty attributed to the wife, but the High Court reversed this decision, restoring the marriage legally.

When the matter reached the Supreme Court, the bench comprising Justices Vikram Nath and Sandeep Mehta examined the circumstances afresh. Justice Vikram Nath, authoring the judgment, observed that the marriage had been irreparably damaged, especially since the husband had already remarried based on the earlier family court decree.

The Court’s Observations

The Supreme Court noted that the parties had been living separately since 2010—nearly fifteen years. There was no sign of reconciliation, and the marriage had effectively ceased to exist in substance, even if not in law.

Quoting from the judgment, the Court remarked:

“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.”

This finding illustrates the principle that when a marriage has reached a point of no return, courts may intervene to recognize the reality and prevent prolonged hardship.

Alimony and Settlement

The Court also took note that the wife and child had not received any financial support from the husband since seperation. As a measure of complete justice, it ordered the husband to pay a one-time settlement of ₹1.25 crore as permanent alimony.

The Court directed that the amount be disbursed in five equal quarterly instalments of ₹25 lakh each, beginning September 15, 2025. With this, the marriage was formally dissolved, and the appeal allowed.

Broader Legal Context

This decision underscores the judiciary’s evolving recognition of irretrievable breakdown of marriage as a ground for divorce, even though it is not explicitly codified in Indian matrimonial laws. By invoking Article 142, the Supreme Court has reaffirmed its authority to step in where rigid statutory provisions may not adequately address the realities of matrimonial disputes.

For individuals navigating complex matrimonial issues such as divorce, alimony, or custody disputes, such rulings provide both clarity and reassurance. Experienced guidance from a seasoned divorce lawyer in Delhi becomes crucial in ensuring one’s rights are protected in these life-altering proceedings.

At Altius Astra Attorneys, we are known for our credibility and commitment to delivering effective legal solutions across Delhi and NCR. Our team has extensive experience in handling sensitive matrimonial matters, ensuring that clients receive practical, strategic, and empathetic representation.