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Jatinder Kumar Sapra vs Anupama Sapra

Supreme Court17 February 2025Vikram Nath

Ratio decidendi

The rule this decision rests on

Where a court awards a lump-sum permanent alimony in settlement of all matrimonial disputes including maintenance obligations, that award constitutes full and final settlement of all claims between the parties, and no further maintenance arrears or claims can be pursued in any pending maintenance proceedings; all such proceedings stand closed upon the award of lump-sum permanent alimony.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

2025 INSC 228

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

MISCELLANEOUS APPLICATION NO………..OF 2025 (ARISING OUT OF DIARY. NO. 30696 OF 2024) IN CIVIL APPEAL NO. 6088 OF 2024

JATINDER KUMAR SAPRA ...APPLICANT/APPELLANTS

VERSUS

ANUPAMA SAPRA ...RESPONDENT(S)

ORDER

VIKRAM NATH, J.

1. The present Miscellaneous Application arises out of

Civil Appeal No. 6088 of 2024, and has been

preferred by the original respondent seeking

clarification and modification of the judgment and

order dated 06.05.2024 passed by this Court.

2. This Court, vide its judgment, while allowing the Signature Not Verified Digitally signed by appeal filed by the original appellant – husband and SONIA BHASIN Date: 2025.02.17 17:05:43 IST Reason:

M.A. DIARY NO. 30696/2024 Page 1 of 4

granting a decree of divorce on the ground of

irretrievable breakdown of marriage, granted a

permanent alimony of Rs. 50,00,000/- (Rupees Fifty

Lakhs only) to the respondent – wife, to be paid by

the appellant in five installments. Counsel for the

parties admit that the above amount of Rupees Fifty

lakhs has been paid by the appellant to the

respondent.

3. The respondent–applicant is before us in the present

application seeking clarification and modification of

the judgment dated 06.05.2024 to include the

arrears in Maintenance Case No. 408 of 2017

pending before Family Court, Dwarka, as part of

permanent alimony decided by this Court in its

Judgment and to close the maintenance case in as

much all differences between the parties are fully and

finally settled. The application is misconceived. Once

the lis between the parties was finally settled and

M.A. DIARY NO. 30696/2024 Page 2 of 4 permanent alimony of a lump sum amount was

awarded, nothing further survives for consideration.

All pending matters inter se parties would stand

closed.

4. It is accordingly clarified that this Court in its

judgment dated 06.05.2024 had finally settled the lis

pending between the parties, including the issue of

maintenance, in its entirety. The present

Miscellaneous Application is dismissed as being

devoid of merit. This Court, vide its judgment dated

06.05.2024, has conclusively adjudicated all

disputes between the parties, including the issue of

maintenance. The permanent alimony of Rs.

50,00,000/- (Rupees Fifty Lakh only) granted to the

respondent- applicant constitutes the full and final

settlement of all claims, including any maintenance

obligations. Consequently, the maintenance case

M.A. DIARY NO. 30696/2024 Page 3 of 4 pending before the Family Court, Dwarka, stands

closed, and any arrears arising from orders passed

therein shall not be included in the permanent

alimony granted by this Court. The final order of

maintenance passed by this Court shall be the full

and final adjudication of any maintenance

proceedings between the parties, leaving no scope for

further claims in this regard.

5. Pending application(s), if any, shall stand disposed of.

.....................................J. (VIKRAM NATH)

…………..........................J. (SANDEEP MEHTA)

NEW DELHI;

FEBRUARY 17, 2025

M.A. DIARY NO. 30696/2024 Page 4 of 4

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