Supreme Court of India declines divorce after 16-year separation, asks husband to continue paying maintenance.
April 10, 2026: The Supreme Court of India, while hearing a divorce plea involving a couple living separately for 16 years, declined to dissolve the marriage and instead directed the husband to continue paying ₹15,000 per month as maintenance.
The case centred on whether prolonged separation alone is sufficient grounds for divorce. The husband argued that the marriage had effectively broken down after years of living apart and requested the court to grant a divorce, citing incompatibility and ongoing disputes.
However, the wife opposed the plea, stating she was willing to resume cohabitation, thereby challenging the claim that the marriage had irretrievably collapsed.
During the hearing, the Bench shifted its focus to financial support, observing that ₹15,000 per month was “hardly anything these days” and asking whether a higher amount could be considered as permanent alimony. The husband’s counsel maintained that his client, earning ₹65,000 a month with no pension and aged 54, could not afford to pay more.
Refusing to grant divorce at this stage, the court directed the husband to continue the existing maintenance arrangement. In a pointed remark, the Bench told him to “be quiet and keep paying ₹15,000,” underlining that financial responsibility must continue even amid marital disputes.
The case highlights the judiciary’s cautious approach in dissolving marriages, especially where the possibility of reconciliation remains open.