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Rekha Minocha vs. Amit Shah Minocha & Ors.

Not available · 2025 INSC 1265Decided 29 Oct 2025
Not available
Justice Vikram Nath · Justice Sandeep Mehta

Background

The appellant-wife challenged a Rajasthan High Court order arising from her matrimonial dispute with the respondent-husband. The couple married in October 2009; the wife alleged mental and physical harassment by her in-laws and left the matrimonial home in April 2010, giving birth to their son shortly after at her parental home. She subsequently sought maintenance for herself and the child under Section 125 CrPC and later filed a domestic violence complaint, resulting in a trial court maintenance order that was contested up to the High Court.

Decision Breakdown

The Supreme Court, exercising its extraordinary power under Article 142 of the Constitution to do complete justice, dissolved the marriage between the parties by mutual arrangement. The husband was directed to pay Rs. 1,00,00,000 (one crore) to the wife as permanent alimony and as full and final settlement of all claims, including those of the minor child, within three months, without precluding him from separately contributing to the child's education. All other pending civil or criminal proceedings arising from the marriage stood quashed and closed upon this settlement.

Lesson Learnt

The Supreme Court can use its Article 142 powers to dissolve an irretrievably broken marriage and comprehensively settle all connected maintenance, alimony, and litigation between spouses in one order, once the parties agree to a monetary settlement, bringing finality that lower courts often cannot achieve given multiple parallel proceedings.

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

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