SC Grants Rs. 1 Crore Permanent Alimony; Dissolves Marriage on Grounds of Irretrievable Breakdown:

SC Grants Rs. 1 Crore Permanent Alimony; Dissolves Marriage on Grounds of Irretrievable Breakdown The appeal arose from the judgment dated 3 July 2023 of the Rajasthan High Court, Jaipur, in a matrimonial dispute between Rekha Minocha and her husband, Amit Shah Minocha. The couple married on 5 October 2009, but the wife left the matrimonial home on 15 April 2010 due to alleged mental and physical harassment. Their son was born on 28 December 2010. The appellant-wife filed proceedings under Section 125 CrPC and Section 12 of the Protection of Women from Domestic Violence Act, 2005, seeking maintenance and protection orders. Family Court and HC's Judgment: The trial court granted maintenance, compensation, and custody in her favour, which was upheld by the appellate court. Thereafter, the Family Court directed the husband to pay additional monthly maintenance. However, in a consolidated decision, the High Court dismissed the wife’s revision petition and allowed the husband’s challenge, setting aside both the compensation and the Family Court’s maintenance order. Aggrieved, the wife and the husband both separately approached the Supreme Court through separate SLPs. The husband’s SLP was dismissed, and during proceedings, he offered Rs. 1 crore as permanent alimony towards a full and final settlement. Central Issue: Whether the Supreme Court should dissolve the marriage on the ground of irretrievable breakdown and approve the proposed permanent alimony as a complete settlement of all claims using its power u/ Art 142 of the Indian Constitution.

Also Read

ITAT Mumbai Quashes Section 263 PCIT's Revision Order As AO Had Made Due Enquiry on ESOP Claim

SC's Judgment: The Supreme Court, while exercising its powers under Article 142 of the Constitution to dissolve the marriage, held that the relationship had irretrievably broken down. The Court observed that the parties had lived separately since April 2010 and all efforts at reconciliation, including mediation, had failed. Continuing the marriage would serve no purpose, as “no marital bond survives between them.” The Bench directed the husband to pay Rs. 1 crore as permanent alimony and in full settlement of all claims, including those of the minor child represented by the mother. Upon payment within three months, all civil and criminal proceedings arising from the marriage would stand quashed. The decree of divorce would be drawn once proof of payment was furnished. The Court further clarified that the husband may, at his discretion, contribute to the child’s education in the future. To Read full judgment, Download PDF Given Below