Jatinder Kumar Sapra vs Anupama Sapra
- Neutral2025 INSC 237
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
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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