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Dead Marriage: Continuing a marriage that exists only on paper serves no legitimate purpose

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In Salil Dhawan v. Priyanshi Ghai (Civil Appeal No. [To Be Allocated] of 2026, arising out of SLP (C) No. 971 of 2025, decided on May 27, 2026), the Supreme Court of India exercised its extraordinary jurisdiction under Article 142 of the Constitution of India to dissolve a dead marriage that had irretrievably broken down. The appellant (an Indian Army officer) and the respondent (a qualified dentist) had been entangled in structural marital discord and a multiplicity of legal battles for over eight years.

Despite the wife’s opposition to a summary divorce—as she intended to pursue a contested divorce on the ground of adultery—the Supreme Court ruled that continuing a marriage that exists only on paper serves no legitimate purpose when all emotional ties have long been severed. To provide ultimate finality and ensure the wife’s long-term financial security, the Apex Court dissolved the marriage under Article 142 and enhanced the global permanent alimony to Rs. 50,000,000/- (Rupees Fifty Lakhs only), completely quashing all separate pending civil, criminal, maintenance, and domestic violence proceedings between the parties.

1. Factual Matrix and Path of Litigation

  • The Background: The marriage between the appellant (Major Salil Dhawan) and the respondent (Dr. Priyanshi Ghai) was solemnized according to Hindu rites on April 19, 2017. Due to severe marital discord rooted in the wife’s allegations of adultery against the husband, the respondent moved out of the matrimonial home shortly thereafter.
  • The Legal Overlaps: The separation triggered a barrage of legal proceedings initiated by the wife:
    • April 2018: Application to Army Authorities under Section 90(i) of the Army Act, 1950, leading to source deductions from the husband’s salary.
    • October 2018: A domestic violence complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005.
    • November 2018: A criminal complaint at the Mahila Thana, Noida.
    • November 2019: Maintenance proceedings under Section 125 of the CrPC, resulting in an ex-parte monthly maintenance order of Rs. 30,000/-.
  • The Failed Settlement: During mediation at the Mahila Thana, the parties signed a Settlement Agreement on February 21, 2019, agreeing to file for divorce by mutual consent in exchange for a total permanent alimony of Rs. 31,00,000/- (later verbally renegotiated to Rs. 32,00,000/-). The husband paid Rs. 20,00,000/- across two installments. However, after the first motion was filed on January 2, 2020, the wife completely stopped appearing and refused to sign the second motion. Consequently, the Family Court dismissed the mutual consent petition upon the expiration of the statutory 18-month window.
  • High Court Intervention: The Allahabad High Court upheld the dismissal, ruling that consent must be mutually maintained at the second motion stage. It directed that the Rs. 20,00,000/- already pocketed by the wife be adjusted against historical army maintenance arrears. Aggrieved, the husband appealed to the Supreme Court.

2. Key Legal Issues & Court’s Observations

A. Dissolution of Marriage Under Article 142 Despite Lack of Mutual Consent

The primary legal obstacle was the wife’s staunch opposition to a summary divorce decree under Article 142, as she sought to independently establish the husband’s adultery through a contested petition under Section 13(1)(i) of the Hindu Marriage Act, 1955. The Supreme Court overrode this objection based on systemic ground realities:

  • Irretrievable Breakdown: Justice Vikram Nath observed that the marriage was dead both emotionally and practically. The parties had been separated for over eight years, shared a long-standing history of bitter acrimony, and were trapped in a web of multiple civil and criminal actions.
  • Paper Monogamy Denied: The Court established that compelling two individuals to stay legally bound to a non-functional marriage that exists only on paper serves no legislative or social purpose. Thus, the factual matrix made it a textbook case for invoking the Court’s extraordinary power under Article 142 to administer absolute justice and break the deadlock.

B. Restructuring Financial Security and Alimony Metrics

To grant absolute finality, the Court required a total resolution of all past, present, and future financial liabilities:

  • The Refund: During the Supreme Court proceedings in March and April 2026, the wife returned the initial settlement sum of Rs. 20,00,000/- back to the husband via demand drafts in open Court, completely resetting the financial baseline.
  • Adequacy Test: While the husband expressed a willingness to stick to the original settlement baseline of Rs. 32,00,000/-, the Supreme Court conducted an independent evaluation of several critical factors. Assessing the husband’s earning capacity as an active military officer, the wife’s professional status, their standard of living, the long years of isolation, and her need for robust future financial security, the Court enhanced the global permanent alimony to a lump-sum amount of 50,00,000/-. This payment effectively wipes out all concurrent maintenance survival claims under the Army Act or Section 125 of the CrPC.

3. Final Directions and Operational Decrees

The Supreme Court disposed of the Civil Appeal with the following absolute mandates:

  • Dissolution of Marriage: The marriage solemnized between Salil Dhawan and Priyanshi Ghai on April 19, 2017, stands officially dissolved by a decree of divorce under Article 142 of the Constitution.
  • Alimony Payment Schedule: The appellant-husband must pay the total permanent alimony of Rs. 50,00,000/- in two equal installments:
    1. First Installment (Rs. 25,00,000/-): On or before June 15, 2026.
    2. Second Installment (Rs. 25,00,000/-): On or before September 15, 2026.
  • Absolute Closure of Pending Litigation: All cross-cases and auxiliary proceedings pending before various subordinate courts stand completely closed and disposed of. This explicitly includes:
    1. The domestic violence complaint (Complaint No. 413/2018) before the Judicial Magistrate, Noida.
    2. The Section 125 CrPC maintenance suit (Crl. Misc. No. 447/18) and its execution application before the Family Court, Noida.
    3. Both connected contempt petitions (Case No. 87/2023 and Case No. 175/2023).

Decree Issuance: The Registry is directed to formalize and draw up the final decree of divorce immediately upon the submission of proof showing total compliance with the alimony schedule. All connected pending applications were closed with no order as to costs.

2026 INSC 577

Salil Dhawan  V. Priyanshi Ghai (D.O.J. 27.05.2026)

2026 INSC 577 click here to view full text of judgment

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Supreme Court Acquits Accused in Decades-Old Murder Case

July 29, 2026 No Comments

This criminal appeal arose from a challenge against the High Court’s order, which had remanded a decades-old murder case back to the Trial Court for a fresh review of evidence following a criminal revision application filed by the victim’s brother against an initial order of acquittal. The incident dated back to February 14, 1988, involving the alleged murder of one Qavi. Upon a thorough re-appreciation of the evidence, the Supreme Court found that the prosecution failed to establish a credible chain of circumstances: the eyewitnesses were untrustworthy chance witnesses, the dying declarations lacked consistency and medical backing, the scene of occurrence was suspicious, and weapon recoveries alone could not sustain a conviction. Emphasizing that an acquittal reinforces the presumption of innocence and that plausible views taken by trial courts should not be lightly disturbed, the Supreme Court allowed the appeal, set aside the High Court’s remand order, and restored the Trial Court’s judgment of acquittal.

  • Procedural and Legal Context: The Court noted that under the 2009 amendment to Section 372 of the Cr.P.C., victims possess a direct statutory right of appeal against acquittals without needing special leave. Although revisions cannot ordinarily be entertained where an appeal lies, courts retain inherent powers to treat a revision as an appeal. However, given that the incident occurred in 1988, the Supreme Court opted to directly re-appreciate the evidence rather than prolong proceedings.
  • Unreliable Eyewitness Testimony: The prosecution’s key eyewitnesses (PW3, PW4, and PW8) were classified as “chance witnesses” whose presence was doubtful. They failed to take the injured victim to the hospital or promptly inform the police station located merely minutes away, and their testimonies contained material contradictions.
  • Dying Declarations and Medical Contradictions: The alleged dying declarations made to family members and doctors suffered from severe infirmities. While a later-attending surgeon (PW11) claimed the victim was conscious, the doctor who initially admitted the victim (PW1) explicitly testified that the injured was brought alone by an auto-driver, remained unconscious throughout, and never regained consciousness. Furthermore, the severity of the internal chest and heart injuries rendered a clear, coherent dying declaration highly improbable.
  • Inconclusive Material Evidence: The motive presented by the prosecution was unconvincing, and the recovery of a weapon under Section 27 of the Indian Evidence Act bearing human blood did not directly link the accused to the crime in the absence of a complete chain of corroborating evidence.
  • Final Verdict: The Supreme Court concluded that the trial court’s acquittal was based on a plausible view of the evidence. The appeal was allowed, the High Court’s order was set aside, and the accused were acquitted, with directions for their immediate release if not required in any other case.

2026 INSC 754

Khalil Pasha & Ors. v. Abdul Rasheed & Anr.(D.O.J. 28.07.2026)

2026 INSC 754 click here to view full text of judgment

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Supreme Court Protects Country Liquor Licensees from Arbitrary Penalties

July 29, 2026 No Comments

This civil appeal, adjudicated by the Supreme Court of India, addressed whether the State of Uttar Pradesh could legally penalize retail country liquor licensees for shortfalls in lifting their Monthly Minimum Guaranteed Quota (MGQ) during isolated months, even when the licensees successfully fulfilled and lifted the entire Annual MGQ and paid all requisite annual licence fees. The Supreme Court upheld the Allahabad High Court’s decision, ruling that the revenue authorities’ rigid insistence on monthly targets—ignoring accumulated credit balances from excess lifting in prior months and failing to issue contemporaneous notices under Rules 14 and 15 of the Uttar Pradesh Excise (Settlement of Licences for Retail Sale of Country Liquor) Rules, 2002—was arbitrary, erroneous, and unsupported by statutory rules. Consequently, the appeals filed by the State were dismissed, affirming the quashing of demand notices and ordering the refund of withheld security deposits.

  • Core Dispute: The controversy arose when the Excise Commissioner issued a circular in March 2009 demanding deficit licence fees, penalties, and interest from country liquor licensees in Bijnor for failing to meet monthly MGQ targets, subsequently adjusting these amounts from their security deposits despite the annual quotas being fully met.
  • Interpretation of Rules 14 and 15: The Supreme Court analyzed the 2002 Rules and noted that a licensee who lifts excess liquor in a given month earns a “credit balance of licence fee” meant to be carried forward. The Court highlighted the absurdity of the State’s interpretation: if a licensee completes their annual MGQ ahead of schedule (e.g., within six months), penalizing them for subsequent monthly underperformance while they continue paying monthly fees would negate the purpose of the annual quota structure.
  • Lack of Contemporaneous Action: Under Rule 14(c), if a shortfall occurs, the District Excise Officer is mandated to issue a notice by the 3rd day of the next month to allow the licensee to replenish the deficit. The authorities failed to issue these notices during the currency of the excise years, instead issuing retroactive demands long after the periods had ended, which invalidated the recovery attempts.
  • Final Verdict: Finding no legal infirmity in the High Court’s reasoning, the Supreme Court dismissed the State’s civil appeals, confirming that non-performance of an isolated monthly MGQ at the completion of the licence period—when annual MGQ obligations have been successfully satisfied—does not justify the levy of penalties or the withholding of security deposits.

2026 INSC 753

State of U.P. & Ors. v. Zafar Ali & Ors. (with connected Civil Appeals) (D.O.J. 28.07.2026)

2026 INSC 753 click here to view full text of judgment

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Supreme Court Quashes Sanction for Prosecution and Penalizes State for Malafide Review

July 29, 2026 No Comments

This criminal appeal addresses the misuse of administrative power and political coercion in granting sanction for prosecution under Section 19 of the Prevention of Corruption Act, 1988. After the competent authorities initially declined to grant sanction due to a lack of evidence and clear indications of foul play during a trap, the Chief Minister’s office exerted undue pressure to compel a review on the exact same material. The Supreme Court dismissed the State’s Special Leave Petition, strongly deprecating political interference in sanction decisions, and upheld the High Court’s ruling to quash the tainted sanction order while imposing costs on the State.

  • Factual Background and Allegations:
    • A complaint was lodged alleging that the respondent (a doctor) demanded ₹5,000 to ₹6,000 for a patient’s knee surgery, leading to an Anti-Corruption Bureau (ACB) trap where ₹2,000 was allegedly recovered from a locked table drawer at his residence.
    • The surgery had already been completed a day prior to the alleged trap, and the recovery of money from a locked drawer that had to be broken open raised severe suspicions of foul play. Furthermore, the positive phenolphthalein handwash test was reasonably explained by the complainant handing over an X-ray and shaking hands in gratitude.
  • Initial Denial of Sanction:
    • The Joint Secretary and the Principal Secretary of the Department of Personnel thoroughly reviewed the case and recommended declining sanction.
    • The Chief Minister’s office subsequently referred the matter back for reconsideration without introducing any new materials or evidence. Although a subsequent review under pressure led the Chief Secretary to suggest approval out of a manufactured dilemma, the foundational lack of evidence remained unchanged.
  • Legal Principles on Review of Sanction:
    • Reaffirming precedents like Mansukhlal Vithaldas Chauhan v. State of Gujarat, State of H.P. v. Nishant Sareen, and State of Punjab v. Mohd. Iqbal Bhatti, the Supreme Court reiterated that an appropriate authority cannot review and reverse an order refusing sanction based on the exact same material without any fresh evidence.
    • A change of opinion per se driven by political dictates or external pressure from a Vigilance Department or a Chief Minister’s office is legally impermissible and vitiates the sanction.
  • Final Directions and Penalties:
    • The Supreme Court dismissed the State’s appeal, ruling that the prosecution was a clear case of victimization and harassment of a public servant.
    • The State of Rajasthan was ordered to pay costs quantified at ₹50,000 each before the High Court and the Supreme Court, to be paid within two months.

2026 INSC 752

State of Rajasthan & Ors. v. Dev Kant Meena (D.O.J. 23.07.2026)

2026 INSC 752 click here to view full text of judgment

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Supreme Court Modifies Punishment in Electricity Board Bribery Case

July 29, 2026 No Comments

This criminal appeal addresses a corruption case where a Junior Engineer with the Tamil Nadu Electricity Board was caught red-handed accepting a bribe during a trap laid by the Vigilance and Anti-Corruption Wing. While both the Trial Court and the High Court convicted the appellant under the Prevention of Corruption Act, 1988, and sentenced him to two years of rigorous imprisonment, the Supreme Court upheld the conviction based on solid corroborative evidence but partly allowed the appeal by reducing the substantive sentence to the statutory minimum period.

  • Factual Background and Trap: The appellant, a Junior Engineer Level-1 at the Tamil Nadu Electricity Board in Coimbatore, demanded a bribe of ₹10,000 from a contractor (PW2) who had applied for an electricity service connection for his wife. Following a complaint, the Vigilance and Anti-Corruption Wing successfully executed a trap where the appellant was caught accepting the bribe.
  • Evidence and Corroboration:
    • PW2 (the complainant) clearly detailed the demand, complaint, and implementation of the trap.
    • PW3 (a friend) corroborated the initial demand when he accompanied PW2 to the electricity office.
    • PW4 (an independent witness) accompanied PW2 inside the office and witnessed the money being counted and pocketed by the appellant.
    • The phenolphthalein tests performed by the trap officer (PW10) on the appellant’s hands and trouser pocket yielded positive results.
  • Rejection of Defense Arguments: The defense attempted to establish a prior grudge held by PW2 through a colleague (DW1); however, DW1 failed to substantiate any altercation during a previous site inspection, thereby disproving the claim of prior enmity. Consequently, the Supreme Court found no grounds to interfere with the concurrent findings on the appellant’s conviction.
  • Modification of Sentence: Noting that notice was restricted to the quantum of punishment, the Supreme Court observed that the substantive sentences at the time of the offense were lower. It modified the rigorous imprisonment from two years down to the statutory minimums: six months under Section 7 and one year under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988. The fine of ₹5,000 and the default sentences imposed by the lower courts remained unchanged.

2026 INSC 751

N. Damodaran v. State Rep. by the Inspector of Police (D.O.J. 24.07.2026)

2026 INSC 751 click here to view full text of judgment

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