Supreme Court Grants Divorce on Grounds of Irretrievable Breakdown, Orders Rs. 1.25 Crore Alimony.
14-August-2025
Alimony in India >> Divorce Laws in India
In a Supreme Court ruling that dissolved a marriage and awarded permanent alimony. The case of A. Ranjithkumar v/s E. Kavitha involved a husband and wife who married in 2009 and had a son in 2010. The husband filed for divorce in 2012 on grounds of cruelty and adultery. The Family Court granted the divorce based on cruelty, but the High Court later overturned this decision, finding that the alleged cruelty was not attributable to the wife.
The husband then appealed to the Supreme Court. Recognizing that the marriage had irretrievably broken down after more than 15 years of separation, and noting the husband's remarriage in 2017, the Court decided to invoke its special powers under Article 142 of the Constitution of India to dissolve the marriage.
The dissolution was made conditional on the husband paying a total of Rs. 1,25,00,000/- (Rupees One Crore Twenty-Five Lakhs only) as a one-time settlement for permanent alimony for the wife and their son. This amount is to be paid in five equal quarterly installments. The Court explicitly stated that if any installment is defaulted, the order of dissolution would be recalled, and any amount already paid would be forfeited.
The Court's ruling set aside the High Court's judgment, allowed the husband's appeal, and formally dissolved the marriage.
Section 142, Constitution of India - 1950