Irretrievable Breakdown of Marriage and Permanent Alimony: Supreme Court Upholds Divorce and Enhances Wife’s Alimony to Ensure Dignified Financial Security
Case Name: Sonia Virk v. Rohit Vats
Citation: 2025 INSC 1390
Date of Judgment/Order: 05 December 2025
Bench: Vikram Nath, Sandeep Mehta
Held: The Supreme Court held that a marriage which has irretrievably broken down after prolonged separation should be dissolved in the interest of justice and that permanent alimony must be enhanced where necessary to ensure financial dignity, security, and independence of the spouse and child.
Summary: The parties were married in December 2008 and had been living separately since 2012. The husband instituted divorce proceedings on the ground of cruelty under Section 13(1)(ia) of the Hindu Marriage Act. The Family Court dismissed the petition, holding that cruelty was not proved. On appeal, the High Court reversed the Family Court’s decision, granted a decree of divorce, and awarded permanent alimony of ₹30 lakhs to the wife along with several financial safeguards for the daughter.
Before the Supreme Court, the wife challenged both the grant of divorce and the adequacy of permanent alimony. The Court noted that the parties had been separated for over thirteen years, that repeated attempts at reconciliation had failed, and that the relationship had become irreversibly acrimonious. Emphasising the welfare of the seventeen-year-old daughter and the futility of continuing a dead marriage, the Court affirmed the dissolution of marriage on the ground of irretrievable breakdown.
On the issue of alimony, the Court took note of the respondent-husband’s position as a serving judicial officer, his income and future prospects, and the appellant-wife’s present lack of professional engagement. It held that the wife was entitled to a standard of living broadly comparable to that enjoyed during the marriage and that the High Court’s award required enhancement to ensure financial independence and dignity.
Decision: The appeal was disposed of. The decree of divorce granted by the High Court was upheld. The permanent alimony awarded to the appellant-wife was enhanced from ₹30,00,000 to ₹50,00,000, payable within three months. The directions relating to the daughter’s financial security—including deposit of LIC maturity proceeds, monthly maintenance, marriage expenses, and prohibition against disinheritance—were affirmed. The enhanced alimony was declared to be a full and final settlement of all claims arising out of the marriage.