R Annamalai vs. Lalitha Subanam

NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
2025 INSC 513
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2025
(arising out of SLP(C) No. 2140 of 2022)

O R D E R
Leave granted.
The appellant, R. Annamalai, and the respondent, Lalitha
Subanam, got married on 14.02.2000. The sister of the appellant, R.
Annamalai, had gotten married to the brother of the respondent,
Lalitha Subanam, on the same day.
It appears that, for several reasons the respondent, Lalitha
Subanam, started residing separately in the year 2006. Litigation also
commenced with the appellant, R. Annamalai, filing a petition under
Section 9 in 2006 and, thereafter, under Section 13 of the Hindu
Marriage Act, 1955. These petitions were subsequently withdrawn.
It also appears that disputes had arisen between the sister of
the appellant, R. Annamalai, and the brother of the respondent,
Lalitha Subanam, which led to litigation between them . However, now
Signature Not Verified
we are informed that both of them are living together.
Digitally signed by
Deepak Guglani
Date: 2025.04.19
17:31:13 IST
Reason:
The appellant, R. Annamalai, and the respondent, Lalitha
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Subanam, also lived together for some time after the initial breakup,
but have again separated and are not residing with each other.
In 2012, the appellant, R. Annamalai, filed a petition for
divorce, being H.M.O.P. No. 361/2012, before the Family Court,
Madurai. The Family Court passed a decree of divorce on 24.06.2015.
The respondent, Lalitha Subanam, preferred an appeal, which was
allowed by the impugned judgment dated 01.04.2019, setting aside the
decree of divorce.
During the pendency of the present appeal, several attempts were
made at mediation to settle the matter but they were not successful.
It is apparent that the marriage between the appellant, R.
Annamalai, and the respondent, Lalitha Subanam, has irretrievably
broken down. They do not have any emotional connect with each other.
In these circumstances, we exercise our jurisdiction under
Article 142 of the Constitution of India and direct dissolution of the
marriage between the appellant, R. Annamalai, and the respondent,
Lalitha Subanam, on the ground of irretrievable breakdown of marriage.
The appellant, R. Annamalai, agreed to pay an amount of 25,00,000/- ₹
(Rupees twenty five lakhs only) to the respondent, Lalitha Subanam.
The said amount will be deposited before the Family Court, Madurai,
within 8 weeks from today. In case the amount is not deposited within
the time specified, the appellant, R. Annamalai, shall pay interest at
the rate of 7% per annum, compounded annually, from the date of this
order till the date the payment is made.
The impugned judgment is set aside and the appeal is allowed in
the aforesaid terms.
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Pending application(s), if any, shall stand disposed of.
................CJI.
(SANJIV KHANNA)
..................J.
(SANJAY KUMAR)
NEW DELHI;
APRIL 16, 2025.
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