2025 INSC 237

SUPREME COURT OF INDIA

(HON’BLE VIKRAM NATH, J. AND HON’BLE SANDEEP MEHTA, JJ.)

JATINDER KUMAR SAPRA

Petitioner

VERSUS

ANUPAMA SAPRA

Respondent

Miscellaneous Application No………..OF 2025 (Arising Out Of Diary. No. 30696 OF 2024) IN Civil Appeal No. 6088 OF 2024-Decided on 17-02-2025

Family, Practice and Procedure

Practice and Procedure - Prayer seeking clarification/ modification of order – While allowing the appeal filed by the original appellant–husband and granting a decree of divorce on the ground of irretrievable breakdown of marriage, granted a permanent alimony of Rs. 50,00,000/- to the respondent–wife, to be paid by the appellant in five instalments - Counsel for the parties admit that the above amount of Rupees Fifty lakhs has been paid by the appellant to the respondent - 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 – Held that the application is misconceived - Once the lis between the parties was finally settled and permanent alimony of a lump sum amount was awarded, nothing further survives for consideration - All pending matters inter se parties would stand closed - Consequently, the maintenance case 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.

(Para 2 to 4)

ORDER

Vikram Nath, J. :- 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 appeal filed by the original appellant – husband and 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 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 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.

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