A. RANJITHKUMARversusE. KAVITHA

                 [2025] 9 S.C.R. 151 : 2025 INSC 978

                             A. Ranjithkumar
                                    v.
                                E. Kavitha
                     (Civil Appeal No. 10654 of 2025)
                               14 August 2025
              [Vikram Nath* and Sandeep Mehta, JJ.]


                           Issue for Consideration
       Issue arose as regards the correctness of the judgment passed
       by the High Court, setting aside the decree of divorce granted by
       the family court.

                                 Headnotes†
       Hindu Marriage Act, 1955 – s.13(1)(ia), (ib) – Dissolution of
       marriage – Ground of cruelty – Husband instituted divorce
       petition seeking dissolution of marriage on the grounds of
       cruelty and adultery – Family Court granted decree of divorce
       on the ground of cruelty – High Court set aside the decree of
       divorce – Challenge to:
       Held: No possibility of reconciliation between the parties – They
       have been living separately for nearly 15 years – No vestige of
       matrimonial relationship between them, and neither party has
       shown any inclination to resolve their differences – Furthermore,
       the husband got remarried eight years back – No purpose in
       continuing the legal relationship between the parties – Marriage
       has irretrievably broken down – Fit case for granting divorce by
       invoking the powers u/Art.142 – Furthermore, it is just and proper
       to award one-time lump sum as permanent alimony to the wife
       and their son – Thus, the marriage between the parties stands
       dissolved subject to the condition that the husband to pay a sum
       of Rupees One Crore Twenty-Five Lakhs only to the wife as
       permanent alimony – Impugned order set aside – Constitution of
       India – Art.142. [Paras 6-9]

                                 List of Acts
       Hindu Marriage Act, 1955; Constitution of India.


* Author
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                                List of Keywords
       Dissolution of marriage; Article 142 of the Constitution; Irretrievably
       broken down; Permanent alimony; No possibility of reconciliation;
       Cruelty; Divorce.

                               Case Arising From
       CIVIL APPELLATE JURISDICTION: Civil Appeal No. 10654 of 2025
       From the Judgment and Order dated 24.08.2018 of the High Court
       of Judicature at Madras in CMA No. 2678 of 2017

                            Appearances for Parties
       Advs. for the Appellant:
       S. Nagamuthu, Sr. Adv., M.P. Parthiban, Ms. Priyaranjani
       Nagamuthu, Ankur Prakash, Mrs. Priyanka Singh, Bilal Mansoor,
       Shreyas Kaushal, S. Geyolin Selvam, Alagiri K.
       Advs. for the Respondent:
       Anup Kumar, Mrs. Shruti Singh, Ms. Pragya Choudhary, Mr. Awanish
       Gupta, Shivam Kumar, Mrs. Neha Jaiswal, Vishnu Prabhakar.

                  Judgment / Order of the Supreme Court

                                    Judgment

       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 and the
            respondent-wife was solemnized on 15.02.2009. Shortly
            thereafter, the parties relocated to the United States of America,
            where the appellant-husband was employed.
[2025] 9 S.C.R.                                                         153

                      A. Ranjithkumar v. E. Kavitha


     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.
     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 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
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       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.
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.
[2025] 9 S.C.R.                                                 155

                          A. Ranjithkumar v. E. Kavitha


12. The appeal is accordingly allowed. The impugned order of the High
    Court is set aside.
13. Pending applications, if any, stand disposed of.


     Result of the case: Appeal allowed.




     †
         Headnotes prepared by: Nidhi Jain