Supreme Court dissolves marriage on ground of irretrievable breakdown, orders Rs. 2 crore alimony
Justice Vikram Nath & PK Mishra [15-07-2024]

feature-top

Read Order: KIRAN JYOT MAINI v. ANISH PRAMOD PATEL [SC- CRIMINAL APPEAL NOS. 2915-2918 OF 2024]

 

LE Correspondent

 

New Delhi, July 17, 2024: The Supreme Court has invoked its Article 142 powers to dissolve the marriage between Kiran Jyot Maini and Anish Pramod Patel, citing irretrievable breakdown of marriage.

 

A Division Bench, comprising Justice Vikram Nath and Justice Prashant Kumar Mishra, also ordered the husband to pay Rs. 2 crores as one-time permanent alimony to the wife within four months.

 

The couple got married in April 2015 but differences arose within a year, with the wife filing a domestic violence case against the husband in 2016. Despite multiple attempts at mediation and reconciliation over the past 9 years of separation, the marriage could not be salvaged. Both parties mutually agreed before the Supreme Court that the marriage exists only on paper now with no scope for reunion.

 

The Court examined the financial status and needs of both parties in detail. The husband, employed as Vice President at Deutsche Bank, earns over Rs. 8 lakh per month. The wife works as an HR Head drawing a salary of Rs. 1.39 lakh per month. Considering their qualifications, standard of living, dependents and the husband's higher income, the Court arrived at Rs. 2 crores as a fair and balanced permanent alimony amount.

 

The apex court reiterated the legal position that there is no fixed formula for determining maintenance and courts must holistically consider the status, needs, qualifications, and income of parties. The objective is to ensure the financial independence of the wife and children post-divorce.

 

With this ruling, the Supreme Court has provided much needed clarity on determination of permanent alimony in divorce cases and paved the way for a clean break between parties where the marriage has broken down beyond repair. The Court used its extraordinary Article 142 powers to render complete justice between the parties.

Add a Comment