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‘Irretrievably broken down’: Granting divorce, SC directs man to give ₹4 cr Mumbai flat to estranged wife
The Supreme Court also observed that the alimony claim was not justified, especially since the appellant is unemployed.
The Supreme Court on Tuesday granted divorce to an estranged couple, saying that their marriage is clearly "irretrievably broken down". The top court also directed the man to hand over his ₹4 crore Mumbai flat to his estranged wife.
An apex court bench of Chief Justice of India BR Gavai, and Justices K Vinod Chandran and NV Anjaria dismissed the criminal proceedings against the man under Sections 498-A (subjecting woman to cruelty), 406 (criminal breach of trust) read with Section 34 of IPC and observed that they were vague and inane with any specific instances, news agency PTI reported.
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The bitter relationship between the two for the last eight years without any let-up and multiple pending legal proceedings, clearly shows that their marriage had "irretrievably broken down".
"We also allow the application filed under Article 142 of the Constitution of India dissolving the marriage between the appellant and the second respondent finding the marriage to have irretrievably broken down, in the best interest of both the parties and for doing complete justice," PTI quoted the top court bench.
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The apex court also observed that the alimony claim was not justified, especially since the appellant is unemployed.
The man, a former bank employee, was further directed to deposit the remaining dues to the housing society up to September 1, 2025, towards the apartment's maintenance charges.
The bench said, "Appellant shall execute a gift deed on or before August 30, 2025 on any date informed by written notice; by the appellant to the respondent, with due acknowledgment taken. We have seen from the records that the draft of the deed was exchanged between the parties and both the appellant and the respondent 2 shall be present before the jurisdictional Registrar for execution and registration on the date notified."
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In case the estranged wife does not show up, the top court directed the jurisdictional registrar to acknowledge and record the man's presence. Following this, the parties should appear before the registrar on September 15, 2025 for the execution of the deed.
The top court cautioned that if the appellant does not comply with the aforementioned directions, then the divorce order shall not come into effect.
"However, if the respondent does not present herself on the date notified by the appellant and on such failure even on the date specified by us, the divorce shall come into effect," it added.
The Supreme Court held that all proceedings, civil and criminal, initiated by both parties, which was now dissolved, stand to be closed. "There shall also be no further proceedings, both civil and criminal instituted, by the respective parties, on any aspect arising out of in relation to the marriage," the bench said.
