Rabindra Kumar & Juhi Kumari Divorce, Rs 50 Lakh Settlement

Authority: Supreme Court of India (Civil Appellate Jurisdiction)

Order Date: 8 December 2025

Case Overview

• Marriage between Rabindra Kumar (appellant) and Juhi Kumari (respondent) took place on 11 March 2015 and deteriorated shortly thereafter.
• On 5 September 2016, the respondent filed a criminal complaint under IPC Sections 498A, 420 and 34 at Dumka (Mahila) Police Station, Jharkhand.
• The appellant was arrested on 7 December 2016; bail was granted on 21 December 2016 and upheld by the High Court on 25 July 2017.
• The respondent sought maintenance under Section 125 CrPC on 13 December 2016; interim maintenance of ₹5,000 per month was ordered in August 2017, later increased to ₹15,000 per month on 26 March 2018.
• The appellant filed a divorce petition (O.S. No.44/2018) on 31 March 2018 under HMA Sections 13(1)(ia) and 13(1)(ib).
• The Family Court, by order dated 16 March 2019, granted divorce, dismissed the restitution of conjugal rights petition, and directed permanent alimony of ₹10,00,000, which the appellant deposited via demand draft.
• The respondent appealed (F.A. No.155/2019 and F.A. No.318/2019) before the High Court.
• On 22 March 2024, the Judicial Magistrate convicted the appellant for offences under IPC Section 498A and Dowry Prohibition Act Section 4; the appeal remains pending.
• The High Court set aside the divorce decree, holding that no cruelty was established and it lacked jurisdiction to dissolve the marriage on the ground of irretrievable breakdown.
• Both parties appeared before the Supreme Court; senior counsel Uttara Babbar represented the appellant and Debal Banerjee represented the respondent.
• The appellant argued for dissolution under Article 142, citing eleven months of cohabitation, nine years of separation, and no child.
• The respondent expressed willingness to resume cohabitation but opposed divorce, citing her unemployment and need for adequate alimony.

Final Outcome

• The Supreme Court invoked Article 142 and granted a decree of divorce, finding the marriage irretrievably broken after nine years of separation.
• A full and final settlement of ₹50,00,000 (inclusive of permanent alimony) was ordered, payable as follows:

1. ₹25,00,000 in two equal instalments: first by 31 May 2026, second by 30 November 2026.

2. Remaining ₹25,00,000 in three instalments: ₹5,00,000 by 30 November 2027, ₹10,00,000 by 30 November 2028, and ₹10,00,000 by 30 November 2029.

• The appellant must file an undertaking within four weeks affirming compliance with the payment schedule.
• The ₹10,00,000 previously deposited with the Family Court shall be released to the respondent with accrued interest within four weeks; this amount is over and above the ₹50,00,000 settlement.
• All pending civil and criminal proceedings between the parties and their family members are to stand closed, including:

(i) FIR No.03/2016 (Dumka Mahila Police Station) – appeal pending before Sessions Judge, Dumka;

(ii) PCR Case No.219/2017 (Chief Judicial Magistrate, Dumka) – stayed by High Court;

(iii) O.M. No.12/2018 (recovery suit) before Senior Civil Judge, Dumka;

(iv) Complaint dated 23.12.2024 regarding appellant’s father’s house.

• Any other civil or criminal proceedings between the parties shall also be closed.
• The Registry shall draw the decree upon receipt of the appellant’s undertaking; default on any instalment will result in recall of the order and forfeiture of amounts already paid.
• The Registry will forward copies of this order to relevant police stations, courts, and authorities; the respondent must furnish bank details for payment.

Topics: Divorce, Alimony, Family Law