Salil Dhawan vs Priyanshi Ghai

2026 INSC 577
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. OF 2026
(Arising out of SLP (C) No.971 of 2025)

SALIL DHAWAN …APPELLANT(S)

VERSUS

PRIYANSHI GHAI …RESPONDENT(S)

J U D G M E N T

VIKRAM NATH, J.


1. Leave granted.
2. The present appeal arises out of the judgment and
rd
order dated 3 October 2024 passed by the High
Court of Allahabad in First Appeal No. 930/2024,
whereby the High Court dismissed the husband's
appeal and upheld the order of the Family Court
dismissing the divorce petition.
3. The facts giving rise to the present appeal are as
follows:
3.1. The marriage between the appellant-husband
th
and the respondent-wife was solemnised on 19
April 2017, in accordance with Hindu rites and
Signature Not Verified
Digitally signed by
NEETU KHAJURIA
Date: 2026.05.27
18:35:26 IST
Reason:
ceremonies.
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3.2. The appellant-husband is an officer in the
Indian Army, and the respondent-wife is a qualified
1
doctor (B.D.S.) .
3.3. Owing to marital discord, the respondent-wife
moved out of the matrimonial home. She attributed
the breakdown of the marriage to the appellant-
husband's alleged adultery.
th
3.4. On 30 April 2018, the respondent-wife made
an application before the Army Authorities seeking
monthly maintenance under Section 90(i) of the
Army Act, 1950. An order was accordingly passed,
and deductions were made at source from the
appellant-husband's salary until September 2019.
st
3.5. On 1 October 2018, alleging mental and
physical harassment and domestic violence, the
respondent-wife filed a complaint under Section 12
of the Protection of Women from Domestic Violence
2
Act, 2005 .
th
3.6. On 24 November 2018, the respondent-wife
filed a criminal complaint with the Mahila Thana,
P.S. Noida.
th
3.7. On 29 November 2019, the respondent-wife
instituted proceedings under Section 125 Code of

1
Bachelor of Dental Surgery.
2
Hereinafter, “DV Act”.
C.A.@ SLP(C) NO.971 OF 2025 2

3
Criminal Procedure,1973 , seeking maintenance,
registered as Miscellaneous Case No. 447/2018
before the Family Court, Gautam Budha Nagar,
Noida.
3.8. The parties were called for mediation by the
Mahila Thana and they entered into a Settlement
st
Agreement dated 21 February 2019. Under the
agreement, both parties agreed to file for divorce by
mutual consent upon the respondent-wife receiving
a total sum of Rs. 31,00,000/- (Rupees Thirty-One
Lakhs only), and the respondent-wife agreed to
withdraw her domestic violence and maintenance
proceedings. At that stage, the appellant-husband
paid Rs. 10,00,000/- (Rupees Ten Lakhs only) to the
respondent-wife. Claims pertaining to jewellery and
other articles were also settled, and the said items
were returned to the respondent-wife.
3.9. The Family Court passed an ex-parte order
th
dated 26 October 2019, directing the appellant-
husband to pay Rs. 30,000/- (Rupees Thirty
Thousand only) per month as maintenance under
Section 125 CrPC. Upon becoming aware of this
order, the appellant-husband filed an application
under Section 126 CrPC seeking its recall.

3
Hereinafter, “CrPC”.
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3.10. The appellant-husband states that around
December 2019, the respondent-wife verbally
renegotiated the settlement terms, seeking an
additional Rs. 1,00,000/- (Rupees One Lakh only),
which was agreed upon, thereby revising the total
permanent alimony to Rs. 32,00,000/- (Rupees
Thirty-Two Lakhs only).
nd
3.11. On 2 January 2020, the first motion petition
for divorce by mutual consent was filed. At this stage,
the appellant-husband paid a second instalment of
Rs. 10,00,000/- (Rupees Ten Lakhs only).
3.12. Thereafter, the respondent-wife neither signed
nor filed the second motion petition and ceased
appearing before the Court.
3.13. Consequently, the Family Court vide order
st
dated 1 July 2023, disposed of the mutual consent
divorce proceedings owing to the expiry of the
statutory period of eighteen months.
3.14. Aggrieved by the said order, the appellant-
husband preferred an appeal before the High Court.
3.15. The High Court, vide the impugned order,
recorded, after interacting with the parties, that the
respondent-wife wished to dissolve the marriage by
mutual consent. The Court held that the Family
Court had correctly rejected the divorce petition,
since the respondent-wife had not maintained her
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consent at the stage of the second motion. With
regard to the sum of Rs. 20,00,000/- (Rupees Twenty
Lakhs only) already received by the respondent-wife,
the High Court directed that this amount be adjusted
against the maintenance arrears due to her under
the Army Act from October 2019 onwards. In view of
her entitlement to maintenance under the Army
Rules, the High Court further directed that the
respondent-wife seek recall of the Section 125 CrPC
proceedings. The appeal was disposed of accordingly.
3.16. Aggrieved by the said order, the appellant-
husband is now before this Court.
4. We have heard learned counsel for the parties.
5. Learned counsel for the appellant-husband submits
that this is a fit case for the exercise of jurisdiction
under Article 142 of the Constitution of India. It is
submitted that both parties are agreed that they do
not wish to cohabit as husband and wife. It is further
submitted that even before this Court, the
respondent-wife appeared in person and stated that
she wished to be divorced from the appellant-
husband, albeit through a contested petition on the
ground of adultery. There is, therefore, no scope for
reconciliation between the parties. The appellant-
husband has consistently expressed his willingness
to pay Rs. 32,00,000/- (Rupees Thirty-Two Lakhs
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only) as permanent alimony, which, it is submitted,
is commensurate with his financial capacity and the
respondent-wife's needs. In view of the foregoing, the
appellant-husband prays for a decree of divorce and
closure of all pending litigation between the parties.
6. Per contra, learned counsel for the respondent-wife
submits that the respondent-wife intends to file a
petition for divorce under Section 13(1)(i) of the
4
Hindu Marriage Act, 1955 on the ground of
adultery, and she vehemently opposes the grant of
divorce by this Court under Article 142 of the
Constitution. It is submitted that the appellant-
husband cannot be permitted to take advantage of
his own alleged wrongs. In view of the foregoing, the
respondent-wife prays for dismissal of this appeal.
7. We have given our thoughtful consideration to the
matter. We are cognisant of the fact that the
respondent-wife is not agreeable to the grant of
divorce by this Court and intends to pursue a
contested petition on the ground of adultery.
Nonetheless, what is evident from the record and
from our interaction with the parties is that the
marriage between the parties has irretrievably
broken down and there is no possibility of

4
Hereinafter, “HMA”.
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reconciliation whatsoever. The parties have been
living separately for over eight years. The record
shows long standing acrimony between the parties
and a multiplicity of civil and criminal proceedings
initiated by both sides. The ties of matrimony, in
every meaningful sense, have long since been
severed. In such circumstances, to compel the
parties to remain bound in a marriage that exists
only on paper would serve no legitimate purpose. We
are, therefore, satisfied that this is an appropriate
case for the exercise of jurisdiction under Article 142
of the Constitution of India.
8. We also find it appropriate, before dissolving the
marriage, to fix a final and comprehensive sum of
permanent alimony that shall constitute a full and
final settlement of all past and future claims arising
out of this matrimonial relationship. Such a
determination is necessary to bring genuine finality
to the litigation and to ensure that neither party is
left with any residual claim against the other.
9. The parties had earlier themselves agreed upon Rs.
32,00,000/- (Rupees Thirty-Two Lakhs only) as the
total permanent alimony payable in the event of a
mutual consent divorce. Out of the fixed alimony, an
amount of Rs. 20,00,000/- (Rupees Twenty Lakh
only) has already been paid to the respondent-wife at
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the stage of settlement and filing of the first motion
for divorce. However, pursuant to that, the second
motion was never filed and the settlement failed.
10. In view of this, this Court passed an order dated
th
18 March 2026, recording the respondent-wife's
willingness to return the sum of Rs. 20,00,000/-
(Rupees Twenty Lakhs only) received by her
pursuant to the earlier settlement. Pursuant to that
th
order, on 6 April 2026, learned counsel for the
respondent-wife handed over a demand draft of Rs.
10,00,000/- (Rupees Ten Lakhs only) drawn in
favour of the appellant-husband. Subsequently, on
th
20 April 2026, a demand draft of the balance
amount of Rs. 10,00,000/- (Rupees Ten Lakhs only)
was handed over by learned counsel for the
respondent-wife to learned counsel for the appellant-
husband in open Court. The entire sum of Rs.
20,00,000/- (Rupees Twenty Lakhs only) has thus
been repaid to the appellant-husband by the
respondent-wife.
11. Since the appellant-husband is already
agreeable to paying Rs. 32,00,000/- (Rupees Thirty-
Two Lakhs only), we have considered whether this
amount adequately reflects all the relevant factors.
Having regard to the earning capacity of both parties,
their respective standards of living, the duration of
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the marriage, the years of separation, and the
respondent-wife's need for financial security going
forward, we are of the view that a sum of Rs.
50,00,000/- (Rupees Fifty Lakhs only) would be a
fair, just and adequate amount to fix as permanent
alimony. This amount shall constitute a one-time,
full and final settlement of all claims, past and
future, arising from this marriage. It is made clear
that upon payment of this amount, no further claims
for maintenance shall survive, whether under
Section 125 CrPC or the Army Act and Rules.
12. In view of the above, we exercise our
jurisdiction under Article 142 of the Constitution of
India and dissolve the marriage between the
appellant-husband and the respondent-wife, subject
to payment of permanent alimony of Rs. 50,00,000/-
(Rupees Fifty Lakhs only), to be paid in two
instalments as follows:
(i) First instalment of Rs. 25,00,000/- (Rupees
Twenty-Five Lakhs only) to be paid on or before
th
15 June 2026.
(ii) Second instalment of Rs. 25,00,000/- (Rupees
Twenty-Five Lakhs only) to be paid on or before
th
15 September 2026.
13. Accordingly, all cases pending between the
parties shall stand closed and disposed of, and no
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further steps shall be taken therein by either party.
The Registry is directed to communicate this order to
the respective Courts for passing formal orders of
closure. The non-exhaustive list of pending
proceedings is as under:
(i) Complaint No. 413/2018 with application
dated 20.11.2024 seeking amendment, under
Section 12 of the Protection of Women from
Domestic Violence Act, 2005, pending before
the Court of Judicial Magistrate, Gautam
Budha Nagar, Noida.
(ii) Crl. Misc. No. 447/18 titled “Priyanshi Ghai v.
Major Salil Dhawan”, filed under Section 125
CrPC, pending before the Family Court,
Gautam Budha Nagar, Noida, along with
Application No. 718 of 2023 filed under Section
128 CrPC.
(iii) Case No. 87/2023 in Divorce Petition No.
07/2020, filed under the Contempt of Courts
Act, 1971.
(iv) Case No. 175/2023 in Divorce Petition No.
07/2020, filed under the Contempt of Courts
Act, 1971.
14. The Registry is directed to draw up a decree of
divorce upon receipt of proof of payment of the
aforesaid amount.
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15. The present appeal stands disposed of in the
above terms.
16. Pending applications, if any, stand disposed of
accordingly.

……………………………………J.
(VIKRAM NATH)


……………………………………J.
(SANDEEP MEHTA)
NEW DELHI
MAY 27, 2026




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