26 March 2025 Divorce Law >> Family Law   |   Maintenance >> Family Law  

In Gajendra Singh v/s Reena Balmiki & Another., the Supreme Court granted the appellant-husband a divorce from his respondent-wife on the grounds of irretrievable breakdown of marriage, setting aside the High Court's order that had refused to adjust maintenance amounts awarded under different legal provisions. The couple had been living separately for over 17 years after a brief 14-month marriage with no children.

Previously, the wife had secured maintenance of Rs. 5,000 per month under Section 125 Cr.P.C. and an additional Rs. 15,000 per month under the Domestic Violence Act, along with a residence order. The husband's appeal against the latter order was dismissed by the Sessions Court and subsequently by the High Court, leading him to seek an adjustment of the maintenance amounts in revision.

Acknowledging the prolonged separation and irreconcilable differences, the Supreme Court, exercising its power under Article 142 of the Constitution, dissolved the marriage. Considering the wife's unemployment, the husband's income as a government college lecturer (with disputed additional income), and the absence of children, the Court awarded a one-time permanent alimony of Rs. 40 lakhs to the wife, covering all past and future financial claims. The husband is directed to pay this amount in four equal monthly installments. The decree of divorce will be issued only after proof of the full alimony payment.

Section 125., Code of Criminal Procedure - 1973  

Code of Criminal Procedure, 1973  

Protection of Women from Domestic Violence Act, 2005