Full Judgment Text
2025 INSC 1265
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1595 OF 2025
REKHA MINOCHA …APPELLANT
VERSUS
AMIT SHAH MINOCHA & ORS. …RESPONDENT(S)
J U D G M E N T
VIKRAM NATH, J.
1. Leave granted.
2. The present appeal arises from the judgment and order dated
rd
3 July 2023 passed by the High Court of Rajasthan at Jaipur
in S.B. Criminal Revision Petition No.950/2021.
3. This is a matrimonial dispute, and the wife is before us. The
relevant facts, giving rise to the present case, are as follows:
th
3.1. The marriage between the parties was solemnized on 5
October 2009.
3.2. The appellant-wife has alleged mental and physical
harassment by her in-laws, which led her to leave the
th
matrimonial home on 15 April 2010.
3.3. While living at her parental home, the appellant-wife gave
th
birth to their son on 28 December 2010.
Signature Not Verified
Digitally signed by
VISHAL ANAND
Date: 2025.10.29
14:53:32 IST
Reason:
Criminal Appeal No.1595 OF 2025 Page 1 of 6
th
3.4. Thereafter, the appellant-wife on 9 July 2013, filed an
application under Section 125 of the Code of Criminal
1
Procedure, 1973 seeking maintenance for herself and their
minor child.
th
3.5. On 16 January 2019, the appellant-wife filed an
application under Section 12 of the Protection of Women
2
from Domestic Violence Act, 2005 . The Trial Court, vide
th
order dated 16 January 2019, directed the respondent-
husband to pay Rs.5,000/- per month for rent, water and
electricity expenses and Rs.10,000/- per month as
maintenance for the appellant and Rs.5,000/- per month as
maintenance for their minor child plus a further Rs.5,000/-
for his education. The appellant-wife was given custody of
their minor child under Section 21 of the DV Act and the
respondent-husband was also directed to pay Rs.4,00,000/-
as compensation for mental, emotional and physical
suffering caused to the appellant under Section 22 of the DV
Act.
3.6. The appellant-wife filed Criminal Appeal No.07/2019
seeking the right of residence in their shared household. The
respondent-husband filed Criminal Appeal No.03.2019 as
th
well. The Appellate Court, vide order dated 29 July 2021,
dismissed their appeals and upheld the order of the Trial
Court.
1
CrPC.
2
DV Act.
Criminal Appeal No.1595 OF 2025 Page 2 of 6
3.7. The Family Court in the Section 125 CrPC proceedings, vide
th
order dated 15 October 2022, directed the respondent-
husband to pay Rs.2,000/- per month to the appellant-wife
and Rs.1,000/- per month to their minor child in addition
to the amount awarded in the DV Act proceedings.
th
3.8. Aggrieved by the order dated 29 July 2021, the appellant-
wife filed S.B. Criminal Revision Petition No.950/2021
before the High Court. The respondent-husband filed S.B.
Criminal Revision Petition No.813/2021 against the same
order. The respondent-husband also filed S.B. Criminal
Revision Petition No.2009/2022 against the order of the
th
Family Court dated 15 October 2022. All these petitions
were tagged and heard together by the High Court.
3.9. The High Court, vide the impugned order, dismissed the
appellant-wife’s S.B. Criminal Revision Petition
No.950/2021.The respondent-husband’s Criminal Revision
th
Petition No.2009/2022 was allowed and the order dated 15
October 2022 by the Family Court was set aside and
resultantly the appellant-wife’s application under Section
125 CrPC was dismissed. Further, the respondent-
husband’s Criminal Revision Petition No.813/2021 was
partially allowed and order of compensation of
Rs.4,00,000/- under Section 22 of the DV Act was set aside,
however, the remaining prayers were dismissed.
Criminal Appeal No.1595 OF 2025 Page 3 of 6
3.10. Aggrieved by the impugned order, the appellant-wife
preferred SLP(Crl) No.6685/2024 and the respondent-
husband preferred SLP(Crl) No.14187/2023.
4. We have heard learned counsels for the parties.
th
5. This Court, vide order dated 19 March 2025, dismissed the
respondent-husband’s SLP(Crl) No.14187/2023.
6. This Court passed several orders directing the respondent-
husband to clear the outstanding maintenance arrears due to
the appellant-wife and their minor child. In this regard, the
respondent-husband has submitted bank drafts before this
Court, which has been recorded in our previous orders.
th
7. This Court passed an order dated 29 July 2025, which is as
follows:
“Learned counsel appearing for the respondent
husband, upon instructions, has made a statement that
over and above what has already been paid by the
respondent to the appellant, the respondent is ready to
pay additional amount of Rs.1,00,00,000/-(Rupees one
crore only) as permanent alimony and for settlement of
all pending dues for the appellant-wife and the son.
Learned counsel for the appellant-wife prays for and is
granted two weeks’ time to file response, if any, to the
application filed under Article 142 of the Constitution of
India by the learned counsel for the respondent-
husband.”
8. Dealing with the question of dissolution of marriage, it is
evident to us that the relationship between the parties has
irretrievably broken down. The parties have been living
separately since 15 April 2010, more than fifteen years now.
Further, even the attempt at reconciliation through the
Criminal Appeal No.1595 OF 2025 Page 4 of 6
Supreme Court Mediation Centre did not yield any positive
result. Years of acrimony and bitterness have defined their
relationship, and despite the appellant-wife contesting the
grant of divorce, we find that no marital bond survives between
them. In these circumstances, there is no purpose in
perpetuating a legal relationship that has ceased to have any
meaning. Therefore, we find this a fit case to grant a decree of
divorce using our powers under Article 142 of the Constitution
of India.
It has already been recorded in our previous order that the
respondent-husband is willing to pay an amount of
Rs.1,00,00,000/- (Rupees one crore only) as permanent alimony
and as settlement of all pending dues. Upon a careful
consideration of all relevant factors, including the income and
financial standing of the parties, and other attendant
circumstances, we find the amount of Rs.1,00,00,000/- (Rupees
one crore only) to be a just, fair and reasonable amount as
permanent alimony and towards all pending dues. This amount
shall be treated as a full and final settlement of all claims between
the parties including those of the minor child represented by his
guardian mother i.e. the appellant Rekha Minocha, and upon
receipt thereof neither party shall raise any further claim against
the other. However, this shall not preclude the respondent father
from contributing for the child’s education. All pending
proceedings, civil or criminal, arising out of this marriage, shall by
virtue of this order, stand quashed and closed.
Criminal Appeal No.1595 OF 2025 Page 5 of 6
9. Accordingly, in exercise of this Court’s powers under Article
142 of the Constitution of India, we dissolve the marriage
between the parties, subject to the condition that the
respondent-husband shall pay a sum of Rs.1,00,00,000/-
(Rupees one crore only) to the appellant-wife as permanent
alimony and as a full and final settlement of all claims. The
above amount is to be paid within a period of three months
from today. The decree shall be drawn up upon the Registry
being furnished with proof of such payment.
10. The appellant-wife to furnish the necessary bank details to
facilitate the same.
11. Accordingly, the present appeal stands disposed of, in view of
the directions above.
12. Pending application(s), if any, shall stand disposed of.
………….........................J.
[VIKRAM NATH]
…………..........................J.
[SANDEEP MEHTA]
NEW DELHI
OCTOBER 29, 2025
Criminal Appeal No.1595 OF 2025 Page 6 of 6
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1595 OF 2025
REKHA MINOCHA …APPELLANT
VERSUS
AMIT SHAH MINOCHA & ORS. …RESPONDENT(S)
J U D G M E N T
VIKRAM NATH, J.
1. Leave granted.
2. The present appeal arises from the judgment and order dated
rd
3 July 2023 passed by the High Court of Rajasthan at Jaipur
in S.B. Criminal Revision Petition No.950/2021.
3. This is a matrimonial dispute, and the wife is before us. The
relevant facts, giving rise to the present case, are as follows:
th
3.1. The marriage between the parties was solemnized on 5
October 2009.
3.2. The appellant-wife has alleged mental and physical
harassment by her in-laws, which led her to leave the
th
matrimonial home on 15 April 2010.
3.3. While living at her parental home, the appellant-wife gave
th
birth to their son on 28 December 2010.
Signature Not Verified
Digitally signed by
VISHAL ANAND
Date: 2025.10.29
14:53:32 IST
Reason:
Criminal Appeal No.1595 OF 2025 Page 1 of 6
th
3.4. Thereafter, the appellant-wife on 9 July 2013, filed an
application under Section 125 of the Code of Criminal
1
Procedure, 1973 seeking maintenance for herself and their
minor child.
th
3.5. On 16 January 2019, the appellant-wife filed an
application under Section 12 of the Protection of Women
2
from Domestic Violence Act, 2005 . The Trial Court, vide
th
order dated 16 January 2019, directed the respondent-
husband to pay Rs.5,000/- per month for rent, water and
electricity expenses and Rs.10,000/- per month as
maintenance for the appellant and Rs.5,000/- per month as
maintenance for their minor child plus a further Rs.5,000/-
for his education. The appellant-wife was given custody of
their minor child under Section 21 of the DV Act and the
respondent-husband was also directed to pay Rs.4,00,000/-
as compensation for mental, emotional and physical
suffering caused to the appellant under Section 22 of the DV
Act.
3.6. The appellant-wife filed Criminal Appeal No.07/2019
seeking the right of residence in their shared household. The
respondent-husband filed Criminal Appeal No.03.2019 as
th
well. The Appellate Court, vide order dated 29 July 2021,
dismissed their appeals and upheld the order of the Trial
Court.
1
CrPC.
2
DV Act.
Criminal Appeal No.1595 OF 2025 Page 2 of 6
3.7. The Family Court in the Section 125 CrPC proceedings, vide
th
order dated 15 October 2022, directed the respondent-
husband to pay Rs.2,000/- per month to the appellant-wife
and Rs.1,000/- per month to their minor child in addition
to the amount awarded in the DV Act proceedings.
th
3.8. Aggrieved by the order dated 29 July 2021, the appellant-
wife filed S.B. Criminal Revision Petition No.950/2021
before the High Court. The respondent-husband filed S.B.
Criminal Revision Petition No.813/2021 against the same
order. The respondent-husband also filed S.B. Criminal
Revision Petition No.2009/2022 against the order of the
th
Family Court dated 15 October 2022. All these petitions
were tagged and heard together by the High Court.
3.9. The High Court, vide the impugned order, dismissed the
appellant-wife’s S.B. Criminal Revision Petition
No.950/2021.The respondent-husband’s Criminal Revision
th
Petition No.2009/2022 was allowed and the order dated 15
October 2022 by the Family Court was set aside and
resultantly the appellant-wife’s application under Section
125 CrPC was dismissed. Further, the respondent-
husband’s Criminal Revision Petition No.813/2021 was
partially allowed and order of compensation of
Rs.4,00,000/- under Section 22 of the DV Act was set aside,
however, the remaining prayers were dismissed.
Criminal Appeal No.1595 OF 2025 Page 3 of 6
3.10. Aggrieved by the impugned order, the appellant-wife
preferred SLP(Crl) No.6685/2024 and the respondent-
husband preferred SLP(Crl) No.14187/2023.
4. We have heard learned counsels for the parties.
th
5. This Court, vide order dated 19 March 2025, dismissed the
respondent-husband’s SLP(Crl) No.14187/2023.
6. This Court passed several orders directing the respondent-
husband to clear the outstanding maintenance arrears due to
the appellant-wife and their minor child. In this regard, the
respondent-husband has submitted bank drafts before this
Court, which has been recorded in our previous orders.
th
7. This Court passed an order dated 29 July 2025, which is as
follows:
“Learned counsel appearing for the respondent
husband, upon instructions, has made a statement that
over and above what has already been paid by the
respondent to the appellant, the respondent is ready to
pay additional amount of Rs.1,00,00,000/-(Rupees one
crore only) as permanent alimony and for settlement of
all pending dues for the appellant-wife and the son.
Learned counsel for the appellant-wife prays for and is
granted two weeks’ time to file response, if any, to the
application filed under Article 142 of the Constitution of
India by the learned counsel for the respondent-
husband.”
8. Dealing with the question of dissolution of marriage, it is
evident to us that the relationship between the parties has
irretrievably broken down. The parties have been living
separately since 15 April 2010, more than fifteen years now.
Further, even the attempt at reconciliation through the
Criminal Appeal No.1595 OF 2025 Page 4 of 6
Supreme Court Mediation Centre did not yield any positive
result. Years of acrimony and bitterness have defined their
relationship, and despite the appellant-wife contesting the
grant of divorce, we find that no marital bond survives between
them. In these circumstances, there is no purpose in
perpetuating a legal relationship that has ceased to have any
meaning. Therefore, we find this a fit case to grant a decree of
divorce using our powers under Article 142 of the Constitution
of India.
It has already been recorded in our previous order that the
respondent-husband is willing to pay an amount of
Rs.1,00,00,000/- (Rupees one crore only) as permanent alimony
and as settlement of all pending dues. Upon a careful
consideration of all relevant factors, including the income and
financial standing of the parties, and other attendant
circumstances, we find the amount of Rs.1,00,00,000/- (Rupees
one crore only) to be a just, fair and reasonable amount as
permanent alimony and towards all pending dues. This amount
shall be treated as a full and final settlement of all claims between
the parties including those of the minor child represented by his
guardian mother i.e. the appellant Rekha Minocha, and upon
receipt thereof neither party shall raise any further claim against
the other. However, this shall not preclude the respondent father
from contributing for the child’s education. All pending
proceedings, civil or criminal, arising out of this marriage, shall by
virtue of this order, stand quashed and closed.
Criminal Appeal No.1595 OF 2025 Page 5 of 6
9. Accordingly, in exercise of this Court’s powers under Article
142 of the Constitution of India, we dissolve the marriage
between the parties, subject to the condition that the
respondent-husband shall pay a sum of Rs.1,00,00,000/-
(Rupees one crore only) to the appellant-wife as permanent
alimony and as a full and final settlement of all claims. The
above amount is to be paid within a period of three months
from today. The decree shall be drawn up upon the Registry
being furnished with proof of such payment.
10. The appellant-wife to furnish the necessary bank details to
facilitate the same.
11. Accordingly, the present appeal stands disposed of, in view of
the directions above.
12. Pending application(s), if any, shall stand disposed of.
………….........................J.
[VIKRAM NATH]
…………..........................J.
[SANDEEP MEHTA]
NEW DELHI
OCTOBER 29, 2025
Criminal Appeal No.1595 OF 2025 Page 6 of 6