Full Judgment Text
REPORTABLE
2025 INSC 1390
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 14856 OF 2024
SONIA VIRK …APPELLANT(S)
VERSUS
ROHIT VATS …RESPONDENT(S)
J U D G M E N T
VIKRAM NATH, J.
1. The present appeal arises from the judgment dated 28th
August 2024 passed by the High Court of Punjab and
Haryana at Chandigarh in FAO-3803-2023 (O&M),
whereby the High Court set aside the judgment dated
11th April 2023 of the Family Court, granted a decree of
divorce, and awarded a sum of Rs.30,00,000/- (Rupees
Thirty Lakhs only) as permanent alimony to the
appellant-wife.
2. The brief facts giving rise to the present proceedings are
as follows:
2.1. The marriage between the appellant-wife and
respondent-husband was solemnised on 6th
December 2008 in accordance with Hindu rites and
ceremonies. At the time, the respondent-husband
was undergoing training as a judicial officer at the
Signature Not Verified
Judicial Academy, Chandigarh, and the appellant-
Digitally signed by
SONIA BHASIN
Date: 2025.12.05
17:33:14 IST
Reason:
wife was practising as an Additional Advocate
General.
C.A. NO.14856/2024 Page 1 of 6
2.2. Presently, the respondent-husband is posted as a
Family Court Judge at Jamnagar, Haryana, and the
appellant-wife is no longer practising as an
advocate.
2.3. A daughter was born to the parties on 13th
November 2009.
2.4. On 27th November 2018, the respondent-husband
instituted a petition for divorce under Section
1
13(1)(ia) of the Hindu Marriage Act, 1955 , on the
ground of cruelty. The petition was withdrawn on
4th January 2019 with liberty to file a fresh petition
on the same cause of action.
2.5. On 8th March 2019, the respondent-husband filed
a second petition on the same ground, which was
returned for want of jurisdiction. Thereafter, on 5th
October 2019, the respondent-husband instituted
the present divorce petition before the Competent
Court at SAS Nagar, Mohali.
2.6. Upon considering the pleadings and evidence, the
Family Court, by order dated 11th April 2023,
dismissed the petition holding that the allegation of
cruelty was not proved and, in fact, it was the
respondent-husband who had subjected the
appellant-wife to acts of cruelty.
2.7. Aggrieved thereby, the respondent-husband
preferred an appeal before the High Court.
1
Hereinafter referred to as “HMA”.
C.A. NO.14856/2024 Page 2 of 6
2.8. The High Court, by the impugned judgment, allowed
the appeal and granted a decree of divorce. It
observed that it would not be in the interest of either
spouse or their daughter to compel the parties to
reside together. Based on the offer made by the
respondent-husband, the High Court awarded
Rs.30,00,000/- (Rupees Thirty Lakhs only) as
permanent alimony to the appellant-wife. It further
directed that on maturity of the LIC policy
purchased by the respondent-husband, the amount
of Rs.41,00,000/- (Rupees Forty One Lakhs only)
shall be deposited in the account of the daughter;
that a sum of Rs.30,000/- (Rupees Thirty Thousand
only) per month shall be deposited by the
respondent-husband in his daughter’s account until
she is able to maintain herself; that he shall bear all
expenses towards her marriage; and that he shall
not disinherit her from his estate.
2.9. Aggrieved, the appellant-wife has approached this
Court.
3. We have heard learned senior counsel for the parties and
carefully perused the material on record.
4. Regarding the challenge to the decree of divorce, we find
that though the appellant-wife opposes the dissolution of
marriage, it is in the best interest of both parties that they
live apart. It is an admitted fact that the parties have been
residing separately since 2012 which is more than
thirteen years now, and no substantial or meaningful
C.A. NO.14856/2024 Page 3 of 6
effort has been made in restoring their matrimonial
relationship.
5. The High Court noted that every endeavour was made to
explore the possibility of reconciliation or, alternatively,
an amicable separation; however, given the conduct and
attitude of both parties, no viable solution could be
reached. The High Court also interacted with the parties
in person and found the marriage to have broken down
irretrievably.
6. Pursuant to our directions, both parties were present
before this Court as well. From their submissions and the
material placed on record, it is evident that the
relationship has become deeply embittered and
acrimonious over the years. They have a seventeen-year-
old daughter whose wellbeing, care, and future stability
must remain paramount.
7. In these circumstances, we see no purpose in
perpetuating a legal bond that has long ceased to have
any substance. Continuing the marital tie would serve
neither the spouses nor their child; rather, it would only
prolong hostility and impede their ability to move forward
with dignity. We therefore affirm the view that the
marriage has broken down beyond repair, and that
dissolution is in the interest of justice and in the welfare
of all concerned.
8. We now turn to the question of permanent alimony. The
respondent-husband is a serving judicial officer holding a
responsible public position and is, therefore, under a
heightened obligation to ensure fair, adequate, and
C.A. NO.14856/2024 Page 4 of 6
dignified financial security for his wife and daughter. The
appellant-wife, who is presently not engaged in legal
practice, is entitled to maintain a standard of living
broadly commensurate with what she enjoyed during the
subsistence of the marriage. The child, now seventeen
years of age and soon to pursue higher education, will
also require continued financial support and stability.
9. Having regard to the income, status, and future prospects
of the respondent-husband, and to ensure that the
appellant-wife is placed in a position of reasonable
financial independence, we are of the considered view that
the amount of permanent alimony awarded by the High
Court requires enhancement. Accordingly, the sum of
Rs.30,00,000/- (Rupees Thirty Lakhs only) awarded by
the High Court is enhanced to Rs.50,00,000/- (Rupees
Fifty Lakhs only) , which shall be paid by the respondent-
husband to the appellant-wife within a period of three
months from the date of this judgment.
10. The remaining directions issued by the High Court,
namely:
(i) deposit of the entire amount received on maturity of
the LIC policy, approximately Rs.41,00,000/-
(Rupees Forty One Lakhs only) in the daughter’s
account,
(ii) monthly deposit of Rs.30,000/- (Rupees Thirty
Thousand only) until she is able to maintain herself,
C.A. NO.14856/2024 Page 5 of 6
(iii) bearing all expenses towards her marriage, and
(iv) the prohibition against disinheriting the daughter
are upheld and shall continue to operate.
11. The amount of Rs.50,00,000/- (Rupees Fifty Lakhs
only) awarded herein as permanent alimony shall be
treated as full and final settlement of all monetary and
other claims arising out of the marital relationship
between the parties. All pending proceedings, whether
civil or criminal, instituted by either party against the
other and arising from the marriage shall stand closed in
terms of this settlement.
12. The appellant-wife shall furnish the requisite bank
details to the respondent-husband to facilitate
compliance with the above directions.
13. In view of the above, the present appeal stands
disposed of. The decree of divorce granted by the High
Court is upheld, and the direction relating to permanent
alimony stands modified in terms of this judgment.
14. Pending applications, if any, stand disposed of.
…………………………….J.
[VIKRAM NATH]
…………………………….J.
[SANDEEP MEHTA]
NEW DELHI
DECEMBER 05, 2025
C.A. NO.14856/2024 Page 6 of 6
2025 INSC 1390
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 14856 OF 2024
SONIA VIRK …APPELLANT(S)
VERSUS
ROHIT VATS …RESPONDENT(S)
J U D G M E N T
VIKRAM NATH, J.
1. The present appeal arises from the judgment dated 28th
August 2024 passed by the High Court of Punjab and
Haryana at Chandigarh in FAO-3803-2023 (O&M),
whereby the High Court set aside the judgment dated
11th April 2023 of the Family Court, granted a decree of
divorce, and awarded a sum of Rs.30,00,000/- (Rupees
Thirty Lakhs only) as permanent alimony to the
appellant-wife.
2. The brief facts giving rise to the present proceedings are
as follows:
2.1. The marriage between the appellant-wife and
respondent-husband was solemnised on 6th
December 2008 in accordance with Hindu rites and
ceremonies. At the time, the respondent-husband
was undergoing training as a judicial officer at the
Signature Not Verified
Judicial Academy, Chandigarh, and the appellant-
Digitally signed by
SONIA BHASIN
Date: 2025.12.05
17:33:14 IST
Reason:
wife was practising as an Additional Advocate
General.
C.A. NO.14856/2024 Page 1 of 6
2.2. Presently, the respondent-husband is posted as a
Family Court Judge at Jamnagar, Haryana, and the
appellant-wife is no longer practising as an
advocate.
2.3. A daughter was born to the parties on 13th
November 2009.
2.4. On 27th November 2018, the respondent-husband
instituted a petition for divorce under Section
1
13(1)(ia) of the Hindu Marriage Act, 1955 , on the
ground of cruelty. The petition was withdrawn on
4th January 2019 with liberty to file a fresh petition
on the same cause of action.
2.5. On 8th March 2019, the respondent-husband filed
a second petition on the same ground, which was
returned for want of jurisdiction. Thereafter, on 5th
October 2019, the respondent-husband instituted
the present divorce petition before the Competent
Court at SAS Nagar, Mohali.
2.6. Upon considering the pleadings and evidence, the
Family Court, by order dated 11th April 2023,
dismissed the petition holding that the allegation of
cruelty was not proved and, in fact, it was the
respondent-husband who had subjected the
appellant-wife to acts of cruelty.
2.7. Aggrieved thereby, the respondent-husband
preferred an appeal before the High Court.
1
Hereinafter referred to as “HMA”.
C.A. NO.14856/2024 Page 2 of 6
2.8. The High Court, by the impugned judgment, allowed
the appeal and granted a decree of divorce. It
observed that it would not be in the interest of either
spouse or their daughter to compel the parties to
reside together. Based on the offer made by the
respondent-husband, the High Court awarded
Rs.30,00,000/- (Rupees Thirty Lakhs only) as
permanent alimony to the appellant-wife. It further
directed that on maturity of the LIC policy
purchased by the respondent-husband, the amount
of Rs.41,00,000/- (Rupees Forty One Lakhs only)
shall be deposited in the account of the daughter;
that a sum of Rs.30,000/- (Rupees Thirty Thousand
only) per month shall be deposited by the
respondent-husband in his daughter’s account until
she is able to maintain herself; that he shall bear all
expenses towards her marriage; and that he shall
not disinherit her from his estate.
2.9. Aggrieved, the appellant-wife has approached this
Court.
3. We have heard learned senior counsel for the parties and
carefully perused the material on record.
4. Regarding the challenge to the decree of divorce, we find
that though the appellant-wife opposes the dissolution of
marriage, it is in the best interest of both parties that they
live apart. It is an admitted fact that the parties have been
residing separately since 2012 which is more than
thirteen years now, and no substantial or meaningful
C.A. NO.14856/2024 Page 3 of 6
effort has been made in restoring their matrimonial
relationship.
5. The High Court noted that every endeavour was made to
explore the possibility of reconciliation or, alternatively,
an amicable separation; however, given the conduct and
attitude of both parties, no viable solution could be
reached. The High Court also interacted with the parties
in person and found the marriage to have broken down
irretrievably.
6. Pursuant to our directions, both parties were present
before this Court as well. From their submissions and the
material placed on record, it is evident that the
relationship has become deeply embittered and
acrimonious over the years. They have a seventeen-year-
old daughter whose wellbeing, care, and future stability
must remain paramount.
7. In these circumstances, we see no purpose in
perpetuating a legal bond that has long ceased to have
any substance. Continuing the marital tie would serve
neither the spouses nor their child; rather, it would only
prolong hostility and impede their ability to move forward
with dignity. We therefore affirm the view that the
marriage has broken down beyond repair, and that
dissolution is in the interest of justice and in the welfare
of all concerned.
8. We now turn to the question of permanent alimony. The
respondent-husband is a serving judicial officer holding a
responsible public position and is, therefore, under a
heightened obligation to ensure fair, adequate, and
C.A. NO.14856/2024 Page 4 of 6
dignified financial security for his wife and daughter. The
appellant-wife, who is presently not engaged in legal
practice, is entitled to maintain a standard of living
broadly commensurate with what she enjoyed during the
subsistence of the marriage. The child, now seventeen
years of age and soon to pursue higher education, will
also require continued financial support and stability.
9. Having regard to the income, status, and future prospects
of the respondent-husband, and to ensure that the
appellant-wife is placed in a position of reasonable
financial independence, we are of the considered view that
the amount of permanent alimony awarded by the High
Court requires enhancement. Accordingly, the sum of
Rs.30,00,000/- (Rupees Thirty Lakhs only) awarded by
the High Court is enhanced to Rs.50,00,000/- (Rupees
Fifty Lakhs only) , which shall be paid by the respondent-
husband to the appellant-wife within a period of three
months from the date of this judgment.
10. The remaining directions issued by the High Court,
namely:
(i) deposit of the entire amount received on maturity of
the LIC policy, approximately Rs.41,00,000/-
(Rupees Forty One Lakhs only) in the daughter’s
account,
(ii) monthly deposit of Rs.30,000/- (Rupees Thirty
Thousand only) until she is able to maintain herself,
C.A. NO.14856/2024 Page 5 of 6
(iii) bearing all expenses towards her marriage, and
(iv) the prohibition against disinheriting the daughter
are upheld and shall continue to operate.
11. The amount of Rs.50,00,000/- (Rupees Fifty Lakhs
only) awarded herein as permanent alimony shall be
treated as full and final settlement of all monetary and
other claims arising out of the marital relationship
between the parties. All pending proceedings, whether
civil or criminal, instituted by either party against the
other and arising from the marriage shall stand closed in
terms of this settlement.
12. The appellant-wife shall furnish the requisite bank
details to the respondent-husband to facilitate
compliance with the above directions.
13. In view of the above, the present appeal stands
disposed of. The decree of divorce granted by the High
Court is upheld, and the direction relating to permanent
alimony stands modified in terms of this judgment.
14. Pending applications, if any, stand disposed of.
…………………………….J.
[VIKRAM NATH]
…………………………….J.
[SANDEEP MEHTA]
NEW DELHI
DECEMBER 05, 2025
C.A. NO.14856/2024 Page 6 of 6