KIRAN JYOT MAINI versus ANISH PRAMOD PATEL

KIRAN JYOT MAINI versus ANISH PRAMOD PATEL

The Supreme Court found that on the admitted facts — short cohabitation, nine years' separation, grave allegations, multiple failed reconciliations and pending proceedings — the marriage had irretrievably broken down; exercising its inherent powers under Article 142 it dissolved the marriage, set aside the orders...

Source-derived case information.

Parties
Appellant: Kiran Jyot Maini; Respondent: Anish Pramod Patel
Jurisdiction
India
Judgment Date
15 July 2024
Procedural Posture
Criminal Appeal / Final Judgment by Supreme Court Disposing the Appeals
Outcome
Appeals allowed; decree of divorce granted under Article 142; orders and judgments of courts below set aside
Legal Topics
Article 142 of the Constitution of India, Irretrievable Breakdown of Marriage, Permanent Alimony, One Time Settlement, Interim Maintenance, Dissolution of Marriage
Constitutional Law Family Law Criminal Law Article 142 of the Constitution of India Irretrievable Breakdown of Marriage Permanent Alimony One Time Settlement Interim Maintenance +1 more

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Parties

Kiran Jyot Maini

Appellant

Anish Pramod Patel

Respondent

Procedural Posture

Criminal Appeal / Final Judgment by Supreme Court Disposing the Appeals

Legal Issues

  1. 1 Whether the Court may dissolve the marriage under Article 142 on the ground of irretrievable breakdown
  2. 2 What is the appropriate quantum of permanent alimony/one-time settlement
  3. 3 Whether the respondent should be directed to pay interim maintenance arrears and/or have bank accounts attached

Ratio Decidendi

The Supreme Court found that on the admitted facts — short cohabitation, nine years' separation, grave allegations, multiple failed reconciliations and pending proceedings — the marriage had irretrievably broken down; exercising its inherent powers under Article 142 it dissolved the marriage, set aside the orders below, and awarded a one-time permanent alimony of Rs.2 Crores to the appellant payable by the respondent within four months.

Court Disposition

Appeals allowed; decree of divorce granted under Article 142; orders and judgments of courts below set aside

Orders

  • Appeals allowed
  • Orders and judgments of the courts below set aside