Institute of Legal and Management Studies

The Supreme Court has directed a husband to pay ₹1.25 crore as permanent alimony to his wife while dissolving the marriage on the ground of irretrievable breakdown under Article 142 of the Constitution.

The bench comprising Justices Vikram Nath and Sandeep Mehta heard the appeal arising out of a Madras High Court's order which set aside the divorce decree granted in favour of the husband by the family court on grounds of cruelty by Respondent-wife.

Setting aside the High Court's decision, the judgment authored by Justice Vikram Nath invoked the Court's inherent powers under Article 142 of the Constitution to dissolve the marriage, stating that the marriage was irretrievably broken down because of the remarriage of the husband which undertook based on the divorce decree passed in his favour by the family court.

“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. The marriage has irretrievably broken down.”, the court said.

Upon knowing that the Respondent-wife and child have not received any financial support from the Appellant-husband, the Court as a one-time settlement directed the husband ₹1,25,00,000/- (Rupees One Crore Twenty-Five Lakhs only) as permanent alimony.

The amount has to be paid in five equal quarterly instalments of Rs.25,00,000/- (Rupees twenty five lakhs) from September 15, 2025.

Accordingly, the appeal was allowed, and the impugned order was set aside.

Cause Title: X v Y

Citation : 2025 LiveLaw (SC) 813

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