Supreme Court: In the former Additional Advocate General and Family Court Judge divorce case, the bench of Vikram Nath* and Sandeep Mehta, JJ. has enhanced permanent alimony from ₹30 lakh to ₹50 lakh, to be paid to the wife within three months.
Background of the former AAG and Family Court Judge divorce case
In the case at hand, the parties married on in 2008. The Respondent-husband was undergoing judicial training; appellant-wife was practicing as Additional Advocate General at that time. A daughter was born on in November 2009, however, parties have been living separately since 2012.
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In 2018, the Husband filed a divorce petition under Section 13(1)(ia) Hindu Marriage Act, 1955 on the ground of cruelty. However, the petition was withdrawn in 2019 with liberty to file a fresh petition on the same cause of action.
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In March 2019, the respondent-husband filed a second petition on the same ground, which was returned for want of jurisdiction. Thereafter, in October 2019, he instituted the present divorce petition before the Family Court, which was eventually dismissed in 2023, as the husband failed to prove cruelty.
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On 28-08-2024, the Punjab and Haryana High Court set aside the Family Court judgment, granted divorce, and based on the offer made by the husband directed him to:
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Pay Rs. 30 lakh permanent alimony to wife,
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Deposit Rs. 41 Lakh LIC maturity amount in daughter’s account,
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Pay Rs. 30,000/month to daughter,
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Bear marriage expenses of the daughter and not disinherit her.
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Aggrieved by the High Court’s order, the wife appealed to the Supreme Court opposing the dissolution of marriage.
Supreme Court’s Analysis and Ruling in former AAG and Family Court Judge divorce case
The Supreme Court affirmed the High Court’s view that the marriage had broken down beyond repair, and that dissolution was in the interest of justice and in the welfare of all concerned. The Court observed that the relationship had become deeply embittered and acrimonious over the years and found no purpose in perpetuating a legal bond that had long ceased to have any substance.
Noting that the couple has a seventeen-year-old daughter whose wellbeing, care, and future stability must remain paramount, the Court observed,
“Continuing the marital tie would serve neither the spouses nor their child; rather, it would only prolong hostility and impede their ability to move forward with dignity
On the issue of permanent alimony, the Court held that the husband, being a judicial officer holding a responsible public position, owed a heightened duty of fair, adequate, and dignified financial security for his wife and daughter. Since the wife was no longer practicing and the child would soon require funds for higher education, the Court enhanced permanent alimony from Rs. 30 lakh to Rs.50 lakh, to be paid within three months. All other High Court directions regarding the daughter’s financial security were upheld. The Court also declared that the Rs 50 lakh shall constitute full and final settlement of all claims arising from the marriage and that all pending civil and criminal proceedings between the parties shall stand closed. The appeal was accordingly disposed of.
[Sonia Virk v. Rohit Vats, 2025 SCC OnLine SC 2714, decided on 05-12-2025]
*Judgment Authored by: Justice Vikram Nath
Advocates who appeared in this case:
For Appellant(s): Mr. Amrendra Kumar Mehta, AOR Ms. Pallavi Daem, Adv. Mr. Yash Singhal, Adv. Ms. Gunjan Kumari, Adv.
For Respondent(s): Mr. Sidharth Luthra, Sr. Adv.(V.C.) Mr. Anmol Kheta, Adv. Mr. Ankur Saigal, Adv. Ms. Tanya Srivastava, AOR Ms. Anushree Kapooria, Adv.