Supreme Court Orders a Husband to Pay Rupees One Crore Twenty Five Lakhs as Permanent Alimony to Wife

The Supreme Court recently dissolved a marriage by invoking its extraordinary powers under Article 142 of the Constitution, citing the irretrievable breakdown of the relationship. The couple had been separated for nearly 15 years, with no possibility of reconciliation.

Background of the Case

The Supreme Court recently dissolved a marriage by invoking its extraordinary powers under Article 142 of the Constitution, citing the irretrievable breakdown of the relationship. The couple had been separated for nearly 15 years, with no possibility of reconciliation. The Court also directed the husband to pay a one-time permanent Alimony of Rs- 1.25 crore to the wife and their son. The amount will be paid in five equal installments within a year.

The marriage took place on 15 February 2009. Shortly afterward, the couple relocated to the United States, where the husband was employed. Their son was born on 7 April 2010. However, marital differences soon arose. On 26 September 2012, the husband filed for divorce under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955, citing cruelty and adultery. The case was initially registered as H.M.O.P. No. 197 of 2012 and later renumbered as F.C.O.P. No. 245 of 2014. On 17 October 2016, the Family Court granted divorce on the ground of cruelty but rejected the adultery allegation for lack of evidence. The wife, however, challenged this decision before the Madras High Court. She filed Civil Miscellaneous Appeal No. 2678 of 2017. While the High Court issued a notice on 14 February 2017, it remained unserved. Meanwhile, the husband entered into a second marriage on 5 March 2017.

On 24 August 2018, the High Court set aside the Family Court’s decree, holding that rude remarks made by the wife’s father could not be treated as cruelty by the wife. The husband then approached the Supreme Court in 2018.

Proceedings Before the Supreme Court

When the matter reached the Supreme Court, the Bench comprising Justice Vikram Nath and Justice Sandeep Mehta initially sought an amicable settlement through mediation. However, mediation failed as the parties showed no inclination to resolve their disputes.

The husband subsequently moved an application under Article 142, seeking dissolution of the marriage. The Court took into account that the parties had been living separately since 2010 and that the husband had remarried in 2017. Thus, it concluded there was no subsisting matrimonial bond between them.

The Bench observed that continuing the legal relationship served no purpose. It noted, “There is no vestige of matrimonial relationship between them… The marriage has irretrievably broken down.” Accordingly, the Court dissolved the marriage by exercising its powers under Article 142.

Supreme Court’s Observations on Alimony

A key aspect of the judgment related to financial security for the wife and child. The Court highlighted that the husband had not provided any financial support for many years. Considering the financial circumstances of both sides, the Bench ordered a one-time Alimony payment of Rs- 1,25,00,000 as a full and final settlement of all claims.

The Court specified the following payment schedule:

• First installment — 15 September 2025
• Second installment — 15 December 2025
• Third installment — 15 March 2026
• Fourth installment — 15 June 2026
• Fifth installment — 15 September 2026

Each installment will amount to Rs- 25, 00,000. Importantly, the decree of divorce will be drawn only after proof of payment is submitted to the Registry. In case of default, the order will stand recalled, and any amount already paid will be forfeited.

Through this structured approach, the Supreme Court ensured both fairness and accountability in the disbursement of Alimony.

Final Directions and Legal Significance

By allowing the appeal, the Supreme Court:

1. Set aside the Madras High Court’s 2018 judgment.
2. Dissolved the marriage under Article 142.
3. Directed the husband to pay Rs- 1.25 crore as permanent Alimony in the specified manner.
4. Disposed of all pending applications.

This ruling carries significant legal weight because it reaffirms the Court’s extraordinary power under Article 142 to do “complete justice.” The case demonstrates that when marriages reach a point of no return, the Supreme Court can intervene to dissolve them, even if conventional legal remedies appear inadequate.

Moreover, by ensuring a substantial Alimony settlement, the Court balanced the financial interests of the wife and child, recognizing their right to stability and support. The judgment also serves as a reminder that non-compliance with court-directed Alimony can have severe consequences, including forfeiture and recall of the divorce decree.

Case details: [A. Ranjithkumar vs. E. Kavitha (2025) INSC 978 Civil Appeal No. 10654/2025; SLP(C) No. 31247/2018 decided on 14 August 2025]