Manisha Yadav
On 5 August 2025, the Supreme Court of India made a significant observation related to alimony considerations in divorce proceedings. It clarified that alimony received from a previous marriage should not influence the determination of alimony in subsequent marriages. This conclusion came in response to a case where the husband challenged that his wife was not entitled to alimony following their second marriage because she had received a substantial settlement from her first divorce.
“The appellant-husband claim that the 2nd respondent-wife received a fair alimony settlement from her earlier divorce. The alimony received by the respondent on the dissolution of her first marriage is not a relevant consideration,” the Court stated that each case for alimony should be evaluated based on its own merits rather than past settlements.
Under Article 142 of the Constitution, the Supreme Court of India exercised its authority, which allows the dissolution of marriages in cases of irrecoverable breakdown. The Bench of Chief Justice of India BR Gavai and Justice K Vinod Chandran, was hearing a petition from the husband who sought to quash a criminal case.
Both parties initially applied for mutual divorce, later wife withdraw her agreement. And suggest the husband to seek intervention from the Bombay High Court to quash the 498A case. When the High Court declined his plea, the husband rise the matter to the Supreme Court for adjudication. Husband also filed a plea under Article 142, seeking the dissolution of the marriage & proposed to transfer ownership of his flat as an alternative offered to pay her a cash settlement. But the wife demanding a permanent alimony of Rs 12 crores. The husband explained that he was currently unemployed after resigning from
The Supreme Court deemed the husband’s settlement offer, involving the substantial flat, as reasonable. Further claims for alimony are not justified because wife possessed the necessary educational qualifications, & had significant potential in the field of IT. The Supreme Court quashed the Section 498A IPC case, indicating that the allegations put forward by the wife were vague. The Supreme Court mandated that the husband must execute the gift deed for the flat by August 30, 2025, upon which the divorce would take effect.
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Case Name: Anurag Vijaykumar Goel V. State Of Maharashtra & Anr.
Case Number: Criminal Appeal No. 5277 of 2024
Bench: CJI B.R Gavai, Justice K. Vinod Chandran
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