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Salil Dhawan v. Priyanshi Ghai

Civil Appeal · 2026 INSC 577Decided 27 May 2026
C.A. No.-008238-008238 - 2026
Justice Vikram Nath · Justice Sandeep Mehta

Background

An Army officer and his wife, a dentist, married in 2017, separated soon after amid mutual allegations, and became entangled in multiple proceedings: maintenance claims under the Army Act and Section 125 CrPC, a domestic violence complaint, and criminal complaints. In 2019 they reached a mediated settlement to divorce by mutual consent for Rs. 32 lakh permanent alimony, and the husband paid Rs. 20 lakh in two instalments, but the wife never filed the required second motion, causing the mutual-consent divorce to lapse after the statutory 18-month period. The Family Court and the Allahabad High Court both refused to grant the husband a divorce, prompting his appeal to the Supreme Court.

Decision Breakdown

The Supreme Court found that the marriage had irretrievably broken down, the couple had lived apart for over eight years amid persistent litigation and no prospect of reconciliation, making it an appropriate case to exercise its special power under Article 142 of the Constitution to dissolve the marriage directly, bypassing the stalled mutual-consent process. The wife returned the earlier-received Rs. 20 lakh during the proceedings, and the Court fixed a fresh, comprehensive permanent alimony of Rs. 50 lakh (higher than the originally agreed Rs. 32 lakh) as full and final settlement of all past and future claims, payable in two instalments by June and September 2026. The Court dissolved the marriage on payment of this alimony, closed all pending related proceedings between the parties (domestic violence, maintenance, and contempt cases), and directed the Registry to draw up the divorce decree once payment proof is furnished.

Lesson Learnt

The Supreme Court can use its Article 142 power to grant a divorce and fix a one-time final alimony even where a mutual-consent divorce process has technically lapsed, when it is satisfied the marriage has irretrievably broken down, and such a settlement is designed to end all connected litigation between the spouses, not just the divorce case itself.

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

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