Benudhar Naik Vs Prabasini @ Tuni Naik - Permanent Alimony - Irretrievable Breakdown Of Marriage

Constitution of India - Article 142 - The prolonged separation and the severity of the allegations are evidence of the fact that the marriage between the parties has completely broken down- Supreme Court has the discretionary power under Article 142(1) of the Constitution of India to dissolve a marriage on the ground of irretrievable breakdown of marriage while factually analysing the same and exercising the discretion cautiously. [In the present case, the parties have not cohabited as husband and wife in sixteen years and have been continuously making grave allegations against each other, there is no purpose for the parties to continue the marriage as it appears to be broken down beyond repair - SC therefore dissolved the marriage] (Para 12)

Permanent Alimony -Permanent alimony in divorce cases is to prevent the dependent spouse from being reduced to destitution and vagrancy due to the failure of marriage. Inclusive list of factors that may be considered for calculating the amount of permanent alimony such as income and properties of the parties; their status, social and financial; their personal needs; capacity and duty to maintain others dependent on them; their individual personal expenses; wife’s comfort and the standard of life she was used to during the subsistence of the marriage, among others. (Para 13)