2025 Supreme Court of India Latest Judgments on Divorce

2025 Supreme Court of India Latest Judgments on Divorce

In 2025, the Supreme Court of India delivered several landmark rulings on divorce, marking a continued evolution of Indian family law. The Court expanded the scope of its constitutional powers, refined the concept of “irretrievable breakdown of marriage,” and redefined principles of alimony, cruelty, and fairness in matrimonial disputes.

2025 Judgments and Principles

1. Irretrievable Breakdown of Marriage

• The Supreme Court reaffirmed its power under Article 142 of the Constitution to grant divorce even when statutory grounds are not strictly satisfied.

• Cases such as Pradeep Bhardwaj v. Priya (July 15, 2025), A v. B (2025 INSC 631), and another in October 2025 highlight that when reconciliation is impossible and parties have been separated for years, the Court will not prolong “dead marriages.”

• Earlier cases like Rathnamma v. M. Chandrashekar (2023 SCC OnLine SC 234) continue to guide this principle.
  Take-away: The Supreme Court now routinely applies the doctrine of irretrievable breakdown under Article 142 to do complete justice between the parties.

2. Cruelty as a Ground for Divorce

• The Court reiterated that mental cruelty includes persistent emotional neglect, humiliation, and false accusations that damage a spouse’s dignity.

• Building on Sivasankaran v. Santhimeenal (2020 SCC OnLine SC 559) and Raj Talreja v. Kavita Talreja (2017), it clarified that false allegations of infidelity or immoral conduct constitute mental cruelty.
  Take-away: Cruelty now encompasses sustained mental distress, false accusations, and behaviour that causes psychological harm.

3. Permanent Alimony and Maintenance

• In Rakhi Sadhukhan v. Raja Sadhukhan (May 29, 2025), the Court increased permanent alimony substantially — ₹50,000 per month with 5% biennial increments — and ordered the transfer of the marital home to the wife to maintain her standard of living.

• In M.V. Leelavathi v. Dr. C.R. Swamy (August 18, 2025), the Court approved a one-time settlement, reflecting both parties’ earning capacities.

• The Court clarified in February 2025 that permanent alimony may be granted even in void marriages under the Hindu Marriage Act.
  Take-away: Maintenance and alimony are now assessed holistically—considering lifestyle, inflation, and fairness.

4. Misuse of Criminal Proceedings in Matrimonial Disputes

• In a July 30, 2025 judgment, the Court cautioned against the misuse of criminal law (especially under Section 498A IPC) to harass spouses or relatives.

• The Court directed that relatives should not be implicated unless there are specific and substantiated allegations.
  Take-away: The judiciary is addressing the misuse of criminal provisions in matrimonial contexts and ensuring fair investigation and prosecution.

5. Admissibility of Evidence

• In Vibhor Garg v. Neha (July 14, 2025), the Supreme Court ruled that secretly recorded private conversations violate the right to privacy and are inadmissible in divorce proceedings.
  Take-away: Privacy protections extend to matrimonial disputes; illegally obtained evidence cannot be used in court.

6. Alimony and Divorce Settlements After Long Separation

• In several 2025 rulings, the Court dissolved marriages after 10–15 years of separation, ordering substantial lump-sum settlements:

  • ₹1 crore in one case (long separation, no cohabitation).

  • ₹25 lakhs in another (February 2025) under Article 142.
    Take-away: The Supreme Court is prioritizing closure and financial security over prolonged litigation.

7. Child Welfare and Visitation Rights

• In 2025 SCC OnLine SC 867, while dissolving a marriage, the Court granted the mother visitation rights to meet her child two days every month.
  Take-away: Child welfare remains the Court’s paramount consideration, even after divorce.

8. Father’s Responsibility Toward Daughter’s Marriage Expenses

• In 2025 INSC 1102, the Court ordered a divorced father to pay ₹10 lakhs toward his daughter’s marriage expenses, despite the dissolution of marriage.
  Take-away: Parental financial duties continue even after divorce, especially regarding children’s welfare.

Emerging Judicial Trends in 2025

1. Recognition of Irretrievable Breakdown: Now a key basis for divorce under Article 142, applied liberally by the Supreme Court.

2. Substantial Alimony Awards: Courts are ensuring financial parity through large, lump-sum, or inflation-adjusted maintenance.

3. Protection Against Misuse of Law: False criminal cases and privacy violations are being curbed.

4. Human-Centric Approach: Courts prioritize fairness, dignity, and emotional reality over rigid statutory technicalities.

5. Child Welfare Focus: Divorce orders often include custody, support, and visitation provisions.

6. Expanded Parental Duties: Financial and moral responsibilities toward children continue post-divorce.

Key Takeaways & Cautions

• Article 142 powers are exceptional — used only when reconciliation is impossible and both parties consent or the marriage is beyond repair.

• Statutory grounds (cruelty, adultery, desertion, etc.) under the Hindu Marriage Act still govern family and high court cases.

• Alimony quantum depends on earning capacity, standard of living, age, and contributions during marriage.

• Privacy in evidence and due process in criminal cases are being strictly enforced.

• Parliament has not yet amended the HMA to include “irretrievable breakdown” — it remains a judicially recognized ground via constitutional powers.