The Supreme Court, invoking its extraordinary powers under Article 142 of the Constitution, dissolved the marriage on the ground of irretrievable breakdown. The decree was granted subject to the husband paying a one-time permanent alimony of ₹1.25 crores to the wife, ensuring a complete settlement.
Facts Of The Case:
The marriage between the appellant-husband, A. Ranjithkumar, and the respondent-wife, E. Kavitha, was solemnized on February 15, 2009. Shortly thereafter, the couple relocated to the United States of America, where the husband was employed. A son was born from the union on April 7, 2010. However, the marital relationship soured, leading the husband to file a divorce petition on September 26, 2012, under the Hindu Marriage Act, 1955, on the grounds of cruelty and adultery. The Family Court, in its order dated October 17, 2016, granted a decree of divorce solely on the ground of cruelty, while the allegation of adultery remained unproven. Aggrieved by this decree, the wife filed an appeal before the Madras High Court. During the pendency of this appeal and while the court notice remained unserved, the husband contracted a second marriage on March 5, 2017. The High Court, in its impugned judgment dated August 24, 2018, allowed the wife’s appeal and set aside the divorce decree, holding that the wife could not be held liable for the cruel utterances of her father. This decision brought the husband before the Supreme Court.
Procedural History:
The procedural history of this case began with the appellant-husband filing a divorce petition (H.M.O.P. No. 197 of 2012, later renumbered as F.C.O.P. No. 245 of 2014) before the Family Court under Sections 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955. The Family Court granted a decree of divorce on the ground of cruelty on 17.10.2016. The respondent-wife then challenged this decree by filing Civil Miscellaneous Appeal No. 2678 of 2017 before the High Court of Judicature at Madras on 11.01.2017. The High Court, vide its judgment dated 24.08.2018, allowed the appeal, set aside the Family Court’s decree, and dismissed the divorce petition. Subsequently, the appellant-husband appealed to the Supreme Court via a Special Leave Petition (SLP(C) No. 31247 of 2018), which was converted into the present Civil Appeal upon granting leave. The Supreme Court, in its final judgment, allowed the appeal, set aside the High Court’s order, and dissolved the marriage by invoking Article 142 of the Constitution.
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Court Observation:
In its observations, the Supreme Court noted the marriage had irretrievably broken down, citing the parties’ separation since 2010—a period of nearly 15 years—and the complete absence of any matrimonial relationship. The Court emphasized that there was no possibility of reconciliation and took cognizance of the appellant-husband’s second marriage in 2017. It held that continuing the legal matrimonial bond would serve no purpose. Consequently, the Court deemed it a fit case to exercise its extraordinary powers under Article 142 of the Constitution to do complete justice. This equitable dissolution was granted subject to the condition of the husband providing a one-time lump sum permanent alimony to the wife, considering he had not provided financial support over the years.
Final Decision & Judgement:
The Supreme Court allowed the appeal and set aside the impugned judgment of the High Court. Invoking its extraordinary powers under Article 142 of the Constitution to ensure complete justice, the Court dissolved the marriage between the parties on the ground of irretrievable breakdown, subject to the condition that the appellant-husband pays a sum of ₹1,25,00,000 (One Crore Twenty-Five Lakhs) to the respondent-wife as permanent alimony. The amount is to be paid in five equal quarterly instalments, commencing on or before September 15, 2025. The decree of divorce will be formally drawn up only upon furnishing proof of payment to the Registry. The Court further held that any default in payment would result in the recall of this order and forfeiture of any amount already paid.
Case Details:
Case Title: A. Ranjithkumar vs. E. Kavitha Citation: 2025 INSC 978 Civil Appeal No.: (@ Arising out of SLP(C) No. 31247 of 2018) Date of Judgement: August 14, 2025 Judges/Justice Name: Justice Vikram Nath and Justice Sandeep Mehta
Download The Judgement Here