Parvin Kumar Jain vs Anju Jain Divorce Case
Here is the analysis of the Supreme Court’s judgment in Parvin Kumar Jain vs Anju Jain, decided on 10 December 2024: Divorce and maintenance case.
Case Overview
Appellant: Parvin Kumar Jain
Respondent: Anju Jain
Date of Judgment: 10 December 2024
Bench: Hon’ble Justices Vikram Nath
Legal Provisions Involved: Sections 24 and 26 of the Hindu Marriage Act, 1955 (maintenance pendente lite and children’s maintenance/custody), and Article 142 of the Constitution of India.
Background of case
The couple married as per Hindu rites and ceremonies in the year 1998 and have one son born from their wedlock in the year 2001. And the parties started living separately in 2004.
The husband filed for divorce in 2004, and the wife sought interim maintenance under Section 24 of the HMA.
Court Journey:
Family Court awarded ₹18,000 per month (₹15,000 to wife, ₹3,000 to son) in 2004; later enhanced by the Delhi High Court to ₹20,000.
The wife sought further enhancement in 2009, citing increased financial needs. The husband voluntarily raised maintenance to ₹65,000
The wife sought for enhanced maintenance to ₹1,15,000 per month, then ₹35,000 for the son (with a 10% increase every two years) and litigation costs of ₹2,00,000
The Court, The appellant shall also be liable to pay interest at the rate of 12% per annum towards the shortfall in the maintenance amount for the concerned period.
The Hon’ble Supreme Court
- Independence of Sections 24 & 26 After Divorce Petition Withdrawal
- Irretrievable Breakdown & Dissolution of Marriage
- Permanent Alimony & Son’s Maintenance
- Factors Influencing the Award
- Financial Transparency and Accountability
Considering a separation of years, failed reconciliations, and prolonged litigation, the Court invoked its powers under Article 142 to dissolve the marriage on grounds of irretrievable breakdown.
The Court granted one-time permanent alimony of ₹5 crores to the wife and ₹1 crore for the son’s education and financial security—even though he was a major—recognizing competitive higher education expenses and his dependency. Divorce and maintenance case.
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