Supreme Court on Divorce, Alimony, and Irretrievable Breakdown of Marriage
Case Name: Rekha Minocha v. Amit Shah Minocha & Ors.
Citation: Criminal Appeal No. 1595 of 2025
Date of Judgment/Order: 29 October 2025
Bench: Hon’ble Mr. Justice Vikram Nath and Hon’ble Mr. Justice Sandeep Mehta
Held: The Supreme Court of India, exercising its powers under Article 142 of the Constitution of India, dissolved the marriage between the parties on the ground of irretrievable breakdown of marriage, holding that the couple had been living separately for over fifteen years with no prospect of reconciliation. The Court directed the respondent-husband to pay ₹1 crore as permanent alimony in full and final settlement of all claims of the appellant-wife and their minor child. It further ordered that all pending civil and criminal proceedings arising from the marriage shall stand quashed upon payment.
Summary: The appeal arose from a judgment of the Rajasthan High Court at Jaipur dated 3 July 2023 in S.B. Criminal Revision Petition No. 950 of 2021, concerning matrimonial and maintenance disputes between the appellant-wife and respondent-husband. The parties were married on 5 October 2009, but the appellant-wife left the matrimonial home on 15 April 2010 alleging mental and physical harassment. She gave birth to a son on 28 December 2010.
The appellant filed an application under Section 125 CrPC in 2013 and later one under Section 12 of the Protection of Women from Domestic Violence Act, 2005. The Trial Court awarded maintenance, rent, and compensation totaling ₹24,000 per month plus ₹4 lakh for mental and physical suffering, while granting custody of the child to the mother. The husband appealed; both appeals were dismissed by the Appellate Court on 29 July 2021.
In parallel, the Family Court granted additional maintenance under Section 125 CrPC. However, on revision, the High Court set aside the Family Court’s order, dismissed the wife’s claim for maintenance, and struck down the ₹4 lakh compensation under Section 22 DV Act. Aggrieved, the appellant approached the Supreme Court in SLP (Crl) No. 6685 of 2024.
During the Supreme Court proceedings, the respondent-husband expressed willingness to pay ₹1 crore as permanent alimony to settle all claims. The Court noted that the parties had been living apart for fifteen years, that mediation had failed, and that their relationship was irretrievably broken.
Decision: The Supreme Court allowed the appeal in part, holding that continued subsistence of the marriage served no purpose after fifteen years of separation and failed reconciliation efforts. In exercise of powers under Article 142, the Court granted a decree of divorce between the parties, subject to the condition that the respondent-husband shall pay a sum of ₹1,00,00,000 (Rupees One Crore only) to the appellant-wife as permanent alimony and full-and-final settlement of all claims, including those of their minor child. The amount was directed to be paid within three months, upon which all pending civil and criminal proceedings between the parties would stand quashed and closed. The appellant-wife was directed to furnish her bank details to facilitate payment. The decree would be drawn after proof of payment is furnished to the Registry.