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R. Annamalai v. Lalitha Subanam

Civil Appeal · 2025 INSC 513Decided 16 Apr 2025
C.A. No.-005222-005222-2025 (arising out of SLP(C) No. 2140 of 2022)
Chief Justice · Justice Sanjay Kumar

Background

R. Annamalai and Lalitha Subanam married in 2000, on the same day that the appellant's sister married the respondent's brother. The couple separated in 2006, leading to litigation under the Hindu Marriage Act which was later withdrawn; they briefly reunited but separated again. The husband filed for divorce in 2012, and while the Family Court, Madurai granted the divorce in 2015, the High Court reversed that decree in 2019, restoring the marriage.

Decision Breakdown

The Supreme Court found that, despite unsuccessful mediation attempts during the appeal, the marriage had irretrievably broken down with no emotional connection remaining between the parties. Exercising its special power under Article 142 of the Constitution (which allows the Court to pass orders necessary for complete justice, including dissolving a marriage even where the ordinary law does not provide for it), the Court directed dissolution of the marriage. The husband agreed to pay the wife Rs. 25 lakhs as a one-time settlement, to be deposited within 8 weeks, with 7% annual compound interest for any delay, and the High Court's judgment reviving the marriage was set aside.

Lesson Learnt

The Supreme Court can use its special constitutional power (Article 142) to grant a divorce on the ground of irretrievable breakdown of marriage even though this is not a ground recognized under the ordinary Hindu Marriage Act, but this power is used only by the Supreme Court itself, not by lower courts, and typically comes with a negotiated financial settlement.

Official source (sci.gov.in)View Judgment (PDF)

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