The Supreme Court invoked Article 142 of the Constitution to dissolve the marriage on grounds of irretrievable breakdown. It awarded Rs. 1 crore as permanent alimony and full settlement of all claims, quashing all related proceedings. The decree was conditional upon payment within three months.
Facts Of The Case:
The marriage between Rekha Minocha (appellant-wife) and Amit Shah Minocha (respondent-husband) was solemnized on October 5, 2009. The wife alleged mental and physical harassment by her in-laws, leading her to leave the matrimonial home on April 15, 2010. While residing at her parental home, she gave birth to their son on December 28, 2010. Subsequently, she initiated legal proceedings, including an application for maintenance under Section 125 of the CrPC in 2013 and a case under the Protection of Women from Domestic Violence Act, 2005 in 2019. The Trial Court under the DV Act granted her maintenance, custody of the child, and compensation. However, the High Court, in revision petitions, set aside the compensation and the subsequent maintenance order from the Family Court under Section 125 CrPC. Aggrieved, the wife approached the Supreme Court. During the pendency of the appeal, the husband offered to pay Rs. 1 crore as a full and final settlement. Noting the parties had lived separately for over fifteen years since 2010 and that mediation had failed, the Supreme Court found the marriage had irretrievably broken down.
Procedural History:
The procedural history of the case commenced with the appellant-wife filing for maintenance under Section 125 CrPC in 2013 and under the Protection of Women from Domestic Violence Act, 2005 in 2019. The Trial Court granted reliefs under the DV Act, including maintenance, compensation, and child custody. Both parties filed criminal appeals, which were dismissed by the Appellate Court, upholding the Trial Court’s order. Subsequently, the Family Court, in the separate Section 125 CrPC proceedings, awarded additional maintenance. Aggrieved by the Appellate Court’s order, the wife filed a criminal revision petition before the High Court, while the husband filed revision petitions against both the Appellate Court and Family Court orders. The High Court, in its impugned order, dismissed the wife’s revision, allowed the husband’s revision against the Family Court’s order (thereby dismissing the Section 125 CrPC application), and partially allowed his other revision by setting aside the compensation under the DV Act. This led to Special Leave Petitions being filed before the Supreme Court by both parties, with the husband’s petition later being dismissed. The Supreme Court ultimately exercised its powers under Article 142 of the Constitution to dispose of the wife’s appeal.
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Court Observation:
The Supreme Court observed that the marital relationship between the parties had irretrievably broken down, as they had been living separately for over fifteen years since April 2010 and attempts at mediation had failed. The Court noted that no marital bond survived and that perpetuating the legal union served no purpose. It found the husband’s offer of Rs. 1,00,00,000/- to be a just, fair, and reasonable amount for permanent alimony and full settlement of all pending claims, considering the parties’ financial standing. The Court held this constituted a final settlement for both the wife and the minor child, while noting it did not preclude the father from contributing to the child’s education separately.
Final Decision & Judgement:
The Supreme Court, in exercise of its powers under Article 142 of the Constitution of India, granted a decree of divorce between the parties on the ground of irretrievable breakdown of marriage. The Court directed the respondent-husband to pay a sum of Rs. 1,00,00,000/- (Rupees One Crore) to the appellant-wife as permanent alimony and as a full and final settlement of all claims, including those of the minor child. This amount is to be paid within three months, upon which the divorce decree will be formalized. The order acts as a complete settlement, barring any future claims between the parties, though it does not prevent the father from voluntarily contributing to the child’s education. Consequently, all pending civil or criminal proceedings arising from the marriage stand quashed, and the appeal was disposed of accordingly.
Case Details:
Case Title: Rekha Minocha vs. Amit Shah Minocha & Ors. Citation: 2025 INSC 1265 Criminal Appeal No: Criminal Appeal No. 1595 of 2025 Date of Judgement: October 29, 2025 Judges/Justice Name: Justice Vikram Nath
Download The Judgement Here