01Facts
The appellant (wife) and respondent (husband) married in 2010 and separated in 2016
¶ 6-7The parties have been embroiled in a decade-long legal battle involving multiple petitions for divorce, custody, and maintenance
¶ 3In 2019, the Family Court awarded the appellant interim maintenance of ₹80,000 per month, which the respondent consistently defaulted on, leading to significant arrears
¶ 12-13The respondent, a practicing advocate, initiated over 80 legal proceedings against the appellant, her family, and her legal counsels across various forums, including disciplinary complaints before the Bar Council
¶ 31, 42The High Court of Bombay dismissed the appellant’s writ petition seeking expeditious disposal of execution proceedings as infructuous
¶ 4Both parties eventually moved the Supreme Court seeking a decree of divorce under Article 142 of the Constitution, although the respondent later attempted to withdraw his consent
¶ 30, 3702Issues
i.1. Whether the marriage between the parties has irretrievably broken down, warranting the exercise of extraordinary jurisdiction under Article 142 to grant a decree of dissolution
¶ 56ii.2. Whether the court should quash all inter-se litigations, including those against advocates and relatives, to provide a complete quietus to the matrimonial dispute
¶ 56iii.3. What constitutes a just and equitable permanent alimony and child support settlement considering the conduct of the parties and the needs of the minor children
¶ 60-6103Law Applied
The Court primarily invoked Article 142 of the Constitution of India, which empowers the Supreme Court to pass such decrees or orders as are necessary for doing "complete justice" in any cause or matter
¶ 56, 62It relied on the doctrine of "irretrievable breakdown of marriage" as a ground for dissolution in exercise of plenary powers
¶ 56The Court also adhered to the principles of "welfare of the child" in determining custody and the guidelines for assessing financial capacity for maintenance as established in Rajnesh v. Neha (2021)
¶ 31, 58Provisions in the judgment · 17 · Linked ones open on LawLens
Indian Penal Code, 1860 10 provisions
Section 34Section 107Section 209Section 341Section 499Section 500Section 501Section 504Section 505Section 511Code of Criminal Procedure, 1973 Section 156Section 195Section 200Section 340Section 349Section 473
Advocates Act, 1961 Section 35
04Reasoning
The Court observed that the marriage was "dead for all practical purposes" due to nearly nine years of separation and intense acrimony
¶ 56It heavily criticized the respondent’s conduct, characterizing his filing of 80+ cases as "vindictive, vexatious, and oppressive"
¶ 53The Court found that the respondent misused his legal expertise to intimidate the appellant’s lawyers and frustrate the recovery of maintenance
¶ 31, 54Regarding financial capacity, the Court rejected the respondent's plea of destitution, noting that his resignation from family business directorships was a "subterfuge" to evade matrimonial obligations
¶ 59-60The Court reasoned that given the background of the parties and the high cost of education for the children (one of whom is a Canadian citizen), a substantial consolidated settlement was necessary to ensure the appellant and children were not left destitute upon vacating the shared matrimonial home
¶ 58-6105Holding
The Supreme Court exercised its jurisdiction under Article 142 to dissolve the marriage and provide a final quietus to all disputes
¶ 62The Court directed: (i) The marriage stands dissolved
¶ 62(i-ii)(ii) All pending civil, criminal, and disciplinary proceedings (including FIRs and Bar Council complaints) against either party, their relatives, or lawyers are quashed
¶ 62(i-ii)(iii) Absolute custody of the two sons remains with the mother, with specific visitation rights for the father
¶ 62(iii)(iv) The respondent must pay a consolidated sum of ₹5 Crores as full and final settlement for alimony and child support within one year
¶ 62(v)(v) Upon receipt of the full amount, the appellant shall vacate the matrimonial home
¶ 62(vi)(vi) Both parties must furnish undertakings to file no further proceedings
¶ 62(vii)The appeal was disposed of with a decree drawn accordingly
¶ 63-64Original Court PDF
Neha Sandeep TodivsSandeep Khemraj Todi
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