Constitution of India – Article 142 – Exercise of powers under – Dissolution of marriage in view of its irretrievable break down – Parties cohabited for less than a year and were living separately for last nine years – Grave allegations of cruelty, hurt and dowry demands made by the appellantwife against the respondent-husband – Multiple civil/criminal proceedings pending – Failed attempts of reconciliation: Held: Inherent powers to dissolve a marriage under Article 142 are exercised where the Court finds that the marriage is dead, unworkable, beyond repair, emotionally perished and has thus irretrievably broken down, even though no grounds for divorce as provided in the applicable law are made out in the facts of the case – In the present case, the marriage between the parties has completely broken down – Parties have also mutually agreed that they have no intention of continuing their union as husband and wife – Orders and judgments of the courts below set aside – Marriage between the parties dissolved and the decree of divorce granted in exercise of powers under Article 142. [Paras 15, 18, 20, 34]
Maintenance – Permanent alimony – Grant of – Marriage between the parties dissolved in exercise of powers under Article 142 of the Constitution of India – Respondent-husband working as the Vice President of a bank earned more than Rs. 5 Lakhs per month as net salary whereas appellant-wife had a salary of Rs.1,39,000/- per month – Appellant demanded Rs. 5 to 7 Crores as one-time settlement, the respondent offered to pay Rs. 50 Lakhs:
Held: Both the parties have high standards of living, which the appellant-wife continued to enjoy after their separation as well – Though both of them are well qualified and gainfully employed, the respondent earns approximately five times the monthly income of the appellant – Respondent has certain obligations towards three dependants, his own expenses, and certain bank loans, but he also evidently has the financial capacity to maintain his former wife – He has the legal obligation as also the financial capacity to maintain his wife after dissolution of marriage – Award of maintenance or permanent alimony should not be penal but should be for the purposes of ensuring a decent living standard for the wife – Keeping in view the social and financial status of the parties, their current employments as well as future prospects, standards of living, and their obligations, liabilities, and other expenses, respondent to pay Rs.2 Crores towards permanent alimony to the appellant within the time stipulated. [Paras 30, 32-34]
Maintenance – Permanent alimony – Fair amount of – Law as regards adjudication and determination of one-time settlement – Factors to be considered – Discussed.
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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