JATINDER KUMAR SAPRA versus ANUPAMA SAPRA

JATINDER KUMAR SAPRA versus ANUPAMA SAPRA

The Supreme Court, being satisfied on the totality of circumstances that the marriage had irretrievably broken down (last cohabitation January 2002, separation of about 22 years, failed settlement efforts, children major and employed), exercised its discretion under Article 142(1) to pass a decree of divorce and directed payment of permanent alimony of Rs.50,00,000 in five monthly instalments.

Parties
Appellant: Jatinder Kumar Sapra; Respondent: Anupama Sapra
Jurisdiction
India
Judgment Date
06 May 2024
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeal allowed; decree of divorce granted under Article 142(1) of the Constitution on the ground of irretrievable breakdown of marriage.
Legal Topics
Divorce, Irretrievable Breakdown of Marriage, Permanent Alimony, Article 142(1), Hindu Marriage Act, 1955
Family Law Constitutional Law Divorce Irretrievable Breakdown of Marriage Permanent Alimony Article 142(1) Hindu Marriage Act, 1955

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Parties

Jatinder Kumar Sapra

Appellant

Anupama Sapra

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether this Court should exercise jurisdiction under Article 142(1) of the Constitution to grant a decree of divorce on the ground of irretrievable breakdown of marriage
  2. 2 Quantum and payment of permanent alimony when divorce is granted under Article 142(1)

Ratio Decidendi

The Supreme Court, being satisfied on the totality of circumstances that the marriage had irretrievably broken down (last cohabitation January 2002, separation of about 22 years, failed settlement efforts, children major and employed), exercised its discretion under Article 142(1) to pass a decree of divorce and directed payment of permanent alimony of Rs.50,00,000 in five monthly instalments.

Court Disposition

Appeal allowed; decree of divorce granted under Article 142(1) of the Constitution on the ground of irretrievable breakdown of marriage.

Orders

  • Decree of divorce granted on the ground of irretrievable breakdown of marriage under Article 142(1) of the Constitution
  • Appellant to pay Rs. 50,00,000 to the Respondent as permanent alimony, payable in five monthly instalments of Rs.10,00,000 each on May 15, 2024; June 15, 2024; July 15, 2024; August 15, 2024; and September 15, 2024