SONIA VIRK v. ROHIT WATTS
Upholding Divorce Decree and Enhancing Permanent Alimony Considering Irretrievable Breakdown of Marriage and Financial Security of Wife and Child.
Court: Supreme Court of India
Citation: 2025 INSC 1390
Decision Date: 05-12-2025
List of Laws
The Hindu Marriage Act, 1955; Family Law; Divorce Law; Permanent Alimony
Case Brief
- Facts: The appellant-wife and respondent-husband were married in 2008. The husband, a judicial officer, filed for divorce on grounds of cruelty in 2018. The Family Court dismissed the petition, but the High Court allowed the husband's appeal, granting a divorce and awarding Rs. 30,00,000 as permanent alimony to the wife. The wife appealed to the Supreme Court. The parties have been living separately since 2012.
- Procedural Posture: The appellant-wife appealed to the Supreme Court against the High Court's judgment which had overturned the Family Court's decision and granted a decree of divorce to the respondent-husband.
- Issue: 1. Whether the decree of divorce granted by the High Court is justified given the prolonged separation and irretrievable breakdown of the marriage? 2. Whether the amount of permanent alimony awarded by the High Court is adequate?
- Holding: 1. Yes, the decree of divorce is justified. 2. No, the amount of permanent alimony is inadequate and requires enhancement.
- Reasoning: The Supreme Court affirmed the High Court's decision to grant a divorce, noting that the marriage had irretrievably broken down and that the parties had been living separately since 2012. The Court found no purpose in perpetuating a legal bond that had ceased to have any substance. Regarding alimony, the Court considered the husband's position as a judicial officer, the wife's lack of current legal practice, and the need to ensure her financial independence and the daughter's future stability. Consequently, the Court enhanced the permanent alimony from Rs. 30,00,000 to Rs. 50,00,000. The Court also upheld the High Court's directions regarding the deposit of the LIC policy amount and monthly deposits for the daughter's benefit, and the prohibition against disinheriting the daughter. The Court stated that the enhanced alimony would be a "full and final settlement of all monetary and other claims arising out of the marital relationship between the parties" and that all pending proceedings would stand closed.