(Sanjiv Khanna, C.J. and Sanjay Kumar, J.)
R. Annamalai ___________________________________ Appellant;
v.
Lalitha Subanam ______________________________ Respondent.
Civil Appeal No. of 2025 (arising out of SLP(C) No. 2140 of 2022), decided on April 16, 2025
The Order of the court was delivered by
Order
1. Leave granted.
2. The appellant, R. Annamalai, and the respondent, Lalitha Subanam, got married on 14.02.2000. The sister of the appellant, R. Annamalai, had gotten married to the brother of the respondent, Lalitha Subanam, on the same day.
3. It appears that, for several reasons the respondent, Lalitha Subanam, started residing separately in the year 2006. Litigation also commenced with the appellant, R. Annamalai, filing a petition under Section 9 in 2006 and, thereafter, under Section 13 of the Hindu Marriage Act, 1955. These petitions were subsequently withdrawn.
4. It also appears that disputes had arisen between the sister of the appellant, R. Annamalai, and the brother of the respondent, Lalitha Subanam, which led to litigation between them. However, now we are informed that both of them are living together.
5. The appellant, R. Annamalai, and the respondent, Lalitha Subanam, also lived together for some time after the initial breakup, but have again separated and are not residing with each other.
6. In 2012, the appellant, R. Annamalai, filed a petition for divorce, being H.M.O.P. No. 361/2012, before the Family Court, Madurai. The Family Court passed a decree of divorce on 24.06.2015.
7. The respondent, Lalitha Subanam, preferred an appeal, which was allowed by the impugned judgment dated 01.04.2019, setting aside the decree of divorce.
8. During the pendency of the present appeal, several attempts were made at mediation to settle the matter but they were not successful.
9. It is apparent that the marriage between the appellant, R. Annamalai, and the respondent, Lalitha Subanam, has irretrievably broken down. They do not have any emotional connect with each other.
10. In these circumstances, we exercise our jurisdiction under Article 142 of the Constitution of India and direct dissolution of the marriage between the appellant, R. Annamalai, and the respondent, Lalitha Subanam, on the ground of irretrievable breakdown of marriage. The appellant, R. Annamalai, agreed to pay an amount of Rs. 25,00,000/- (Rupees twenty five lakhs only) to the respondent, Lalitha Subanam. The said amount will be deposited before the Family Court, Madurai, within 8 weeks from today. In case the amount is not deposited within the time specified, the appellant, R. Annamalai, shall pay interest at the rate of 7% per annum, compounded annually, from the date of this order till the date the payment is made.
11. The impugned judgment is set aside and the appeal is allowed in the aforesaid terms.
12. Pending application(s), if any, shall stand disposed of.
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