The Supreme Court affirmed the divorce decree on grounds of cruelty, finding the marriage had irretrievably broken down. While not interfering with the divorce, the Court exercised its powers under Article 142 to direct the husband to pay ₹10 Lakh for his daughter’s marriage, enforcing a father’s financial duty irrespective of marital status.
Facts Of The Case:
The parties were married in May 1996 and have two children. In 2009, the husband filed for divorce on the grounds of cruelty, alleging various instances of mental cruelty by the wife. The wife countered these allegations, stating that she was the one subjected to cruelty, and subsequently initiated proceedings against the husband under the Domestic Violence Act. During these proceedings, the husband made a claim that the children were not his and sought DNA testing. The Domestic Violence case eventually concluded with the husband being found guilty, and he was directed to pay compensation to the wife, an amount that was later enhanced by the High Court. Parallelly, the Family Court granted a decree of divorce in favour of the husband in 2019, a decision that was challenged by the wife before the Delhi High Court. The High Court upheld the divorce, observing that the wife’s actions of lodging false complaints amounted to cruelty and that the marriage had broken down irretrievably due to prolonged separation and acrimony. The wife then appealed to the Supreme Court, limiting her claim solely to seeking a financial contribution from the husband for their daughter’s marriage expenses.
Procedural History:
The procedural history began with the respondent-husband filing a divorce petition under the Hindu Marriage Act in 2009, which was granted by the Family Court in September 2019. Concurrently, the appellant-wife initiated proceedings under the Domestic Violence Act, which, after appeals, resulted in the husband being directed to pay her compensation. The wife then challenged the divorce decree before the Delhi High Court, which affirmed the Family Court’s decision in December 2023. Aggrieved by this, the wife filed Special Leave Petitions before the Supreme Court, which, upon granting leave, heard the present appeals. The Supreme Court ultimately disposed of the appeals, affirming the divorce decree but directing the husband to pay a specified sum for his daughter’s marriage.
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Court Observation:
The Court observed that the marital relationship had ceased to exist in substance, noting the long separation since 2009 and the acrimonious litigation, which indicated an irretrievable breakdown of the marriage. It found no reason to interfere with the divorce decree granted on the ground of cruelty. However, the Court specifically held that, despite the marital differences, a father’s duty to provide for his children remains a paramount obligation. It considered the wife’s claim for their daughter’s marriage expenses to be reasonable and modest, noting she had raised the children largely on her own. The Court was satisfied that the husband had the financial capacity and was thus duty-bound to contribute a sum of ₹10,00,000 towards this purpose, framing it as a natural extension of his parental responsibilities.
Final Decision & Judgement:
The Supreme Court disposed of the appeals by affirming the decree of divorce granted by the courts below. However, exercising its powers under Article 142 of the Constitution to do complete justice, the Court directed the respondent-husband to pay a sum of ₹10,00,000 to the appellant-wife specifically for their daughter’s marriage expenses, to be paid on or before October 15, 2025. The Court mandated that in case of default, the appeals would be revived for further orders. Consequently, while the divorce was upheld, the husband was legally bound to fulfill this financial obligation towards his daughter.
Case Details:
Case Title: Geeta @ Reeta Mishra vs. Ajay Kumar Mishra Appeal Number: (@ SLP(C) Nos. 15168-15173 of 2024) Date of Judgement: September 12, 2025 Judges/Justice Name: Justice Vikram Nath and Justice Sandeep Mehta
Download The Judgement Here