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Supreme Court of India 2022-03-10 allowed

Ajay Kumar Rathee vs Seema Rathee

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

A husband sought divorce from his wife after 18 years of separation, alleging desertion. The wife claimed she was driven out and subjected to dowry demands and harassment. The trial court dismissed the divorce petition; the High Court allowed the wife's appeal. On appeal to the Supreme Court, the parties initially settled separately. The Court found the marriage irretrievably broken and granted a divorce decree under Article 142 of the Constitution without requiring mutual consent. The Court fixed permanent alimony of Rs. 10,00,000 payable by the husband, based on his income (excluding voluntary GPF contributions), and declined to impose separate education expenses for the adult daughter who refused to maintain a relationship with her father.

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Family Law Marriage and Divorce Maintenance and Alimony Constitutional Law Irretrievable Breakdown of Marriage

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