The Supreme Court on September 1, 2025, in a judgment delivered by Justices Vikram Nath and Sandeep Mehta, allowed a divorce appeal that had earlier been rejected by the Delhi High Court on November 18, 2024, holding that the marriage between the parties had broken down beyond repair.
The appellant–husband and respondent–wife were married in December 2007 but began living separately in April 2015, when the wife left the matrimonial home with their minor daughter. Pursuant to a petition under Section 12 of the Domestic Violence Act, the wife was granted ₹9,000 per month as interim maintenance for the child. In January 2018, the husband filed for divorce under Sections 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955, citing cruelty and desertion. Both the Family Court and the High Court, however, declined to dissolve the marriage, observing that irretrievable breakdown is not a statutory ground for divorce.
Exercising its extraordinary powers under Article 142 of the Constitution, the Supreme Court noted the parties’ decade-long separation, failed mediation efforts, and absence of any possibility of reconciliation. The Bench held that continuing the marriage “merely in the eyes of law would amount to an empty formality.” While granting the decree of divorce, the Court directed the husband to pay ₹60,00,000 (Sixty Lakhs) as permanent alimony and full settlement of all claims, including maintenance for the daughter.
The amount is to be paid in four quarterly instalments:
• ₹15,00,000 on or before November 30, 2025
• ₹15,00,000 on or before February 28, 2026
• ₹15,00,000 on or before May 31, 2026
• ₹15,00,000 on or before August 31, 2026
Accordingly, the Supreme Court allowed the appeal and set aside the Delhi High Court’s order, bringing the 17-year marriage to a legal close.
Appearances:
Petitioner (Husband): Sr Advocate Rishi Malhotra.
