Full Judgment Text
2025 INSC 978
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO………………. OF 2025
(@ ARISING OUT OF SLP(C) NO.31247/2018)
A. RANJITHKUMAR …APPELLANT
VERSUS
E. KAVITHA …RESPONDENT
J U D G M E N T
VIKRAM NATH,J.
1. Leave granted.
2. This appeal arises from the judgment dated
24.08.2018 passed by the High Court of Judicature
at Madras in Civil Miscellaneous Appeal No. 2678 of
2017, whereby the High Court allowed the appeal
filed by the respondent-wife and set aside the decree
of divorce granted by the Family Court on
17.10.2016.
3. The relevant facts, briefly stated, are as follows:
3.1. The marriage between the appellant-husband
Signature Not Verified
Digitally signed by
SONIA BHASIN
and the respondent-wife was solemnized on
Date: 2025.08.14
14:10:31 IST
Reason:
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15.02.2009. Shortly thereafter, the parties
relocated to the United States of America, where
the appellant-husband was employed.
3.2. A son was born to the parties on 07.04.2010.
3.3. On 26.09.2012, the appellant-husband
instituted a divorce petition bearing H.M.O.P. No.
197 of 2012 (later renumbered as F.C.O.P. No.
245 of 2014) under Sections 13(1)(ia) and (ib) of
the Hindu Marriage Act, 1955, seeking
dissolution of marriage on the grounds of cruelty
and adultery.
3.4. The Family Court, by its order dated 17.10.2016,
granted a decree of divorce on the ground of
cruelty. The allegation of adultery was not found
to be proved.
3.5. Aggrieved by the said decree, the respondent-
wife filed Civil Miscellaneous Appeal No. 2678 of
2017 before the High Court on 11.01.2017.
Although notice was directed to be issued on
14.02.2017, the same remained unserved upon
the appellant-husband.
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3.6. On 05.03.2017, the appellant-husband
contracted a second marriage.
3.7. The High Court, by the impugned order, set aside
the decree of divorce. It observed that the
principal instance of cruelty accepted by the
Family Court was the rude utterances of the
respondent-wife’s father. The High Court held
that while such utterances may have agitated the
appellant-husband, the respondent-wife could
not be held liable for them.
3.8. The appellant-husband is now before this Court,
challenging the decision of the High Court.
4. We have heard learned counsel appearing for both
parties.
5. At the outset, notice was issued by this Court with a
view to exploring the possibility of settlement through
mediation. However, the mediation efforts have
failed. The appellant-husband has moved an
application under Article 142 of the Constitution of
India seeking dissolution of the marriage.
6. It is evident that there is no possibility of
reconciliation between the parties. They have been
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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.
7. We are of the considered view that this is a fit case
for granting divorce by invoking our powers under
Article 142 of the Constitution. Accordingly, the
marriage solemnized on 15.02.2009 stands
dissolved.
8. We further deem it just and proper to award a one-
time lump sum as permanent alimony to the
respondent-wife and their son. It has been brought to
our attention that the appellant-husband has not
provided financial support during these years.
Considering the financial status of both parties and
the circumstances of the case, we direct the appellant
to pay a sum of ₹ 1,25,00,000/- (Rupees One Crore
Twenty-Five Lakhs only) as permanent alimony and
all other claims of the wife would stand satisfied.
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9. The marriage between the parties stands dissolved by
exercise of this Court’s power under Article 142 of the
Constitution of India, subject to the condition that
the appellant-husband shall pay the aforesaid sum of
₹
1,25,00,000/- (Rupees One Crore Twenty-Five
Lakhs only) to the respondent-wife as permanent
alimony. A decree shall be drawn upon furnishing of
proof before the Registry that such payment has been
made.
10. The amount shall be paid in five equal quarterly
instalments of Rs.25,00,000/- (Rupees twenty five
lakhs) each as given hereunder:
• First instalment on or before 15.09.2025;
• Second instalment on or before 15.12.2025;
•
Third instalment on or before 15.03.2026;
• Fourth instalment on or before 15.06.2026;
• Fifth and final instalment on or before
15.09.2026.
11. Ordered accordingly. It is further directed that in the
event of any default in payment of any instalment,
this order shall stand recalled, and any amount
already paid by the appellant-husband shall stand
forfeited.
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12. The appeal is accordingly allowed. The impugned
order of the High Court is set aside.
13. Pending applications, if any, stand disposed of.
…………………………………J.
[VIKRAM NATH]
…………………………………J.
[SANDEEP MEHTA]
NEW DELHI
AUGUST 14, 2025
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