Legal Analysis: Salil Dhawan vs. Priyanshi Ghai

Citation: 2026 INSC 577 (Reportable)
Court: Supreme Court of India
Bench: Division Bench comprising Justice Vikram Nath and Justice Sandeep Mehta
Judgment Author: Justice Vikram Nath
Date of Decision: May 27, 2026
Nature of Judgment: Civil Appeal arising out of SLP (C) No. 971 of 2025 against the judgment of the Allahabad High Court, which had dismissed the husband’s appeal and upheld the Family Court’s order rejecting the divorce petition.

Synopsis of the Judgment
The parties were married on 19.04.2017 but soon separated. The wife moved out, alleging adultery by the husband. Multiple proceedings were initiated: a complaint under the Domestic Violence Act, a petition under Section 125 CrPC, and proceedings under the Army Act for maintenance. The parties entered into a settlement agreement in February 2019 for divorce by mutual consent with permanent alimony of Rs.31 lakhs (later revised to Rs.32 lakhs). The first motion was filed and the husband paid Rs.20 lakhs. However, the wife neither signed the second motion nor appeared, and the mutual consent divorce petition was dismissed for expiry of the statutory period. The Family Court rejected the husband’s divorce petition (contested). The High Court dismissed the husband’s appeal, noting that the wife wished to pursue a contested divorce on the ground of adultery. The Supreme Court, exercising its jurisdiction under Article 142 of the Constitution, found that the marriage had irretrievably broken down and there was no possibility of reconciliation. It dissolved the marriage, fixed a consolidated permanent alimony of Rs.50 lakhs (after the wife returned the earlier payments of Rs.20 lakhs), and ordered closure of all pending proceedings between the parties.

1. Basic Information of the Judgment

• Case Title: Salil Dhawan vs. Priyanshi Ghai

• Civil Appeal No.: Arising out of SLP (C) No. 971 of 2025 (Leave granted)

• Bench: Justice Vikram Nath and Justice Sandeep Mehta (Division Bench)

• Judgment Author: Justice Vikram Nath

• Date of Decision: May 27, 2026

• Citation: 2026 INSC 577 (Reportable)

• Appeal From: Judgment and order dated 03.10.2024 passed by the High Court of Allahabad in First Appeal No. 930 of 2024, which had dismissed the husband’s appeal and upheld the Family Court’s order dismissing the divorce petition.

2. Legal Framework

Laws and Provisions Involved:

• Constitution of India, 1950: Article 142 (power of Supreme Court to pass any decree or order necessary for doing complete justice in any cause or matter pending before it).

• Hindu Marriage Act, 1955: Section 13(1)(i) (divorce on ground of adultery – sought by wife), Section 13B (divorce by mutual consent – initially agreed upon), Section 23 (duty of court to attempt reconciliation).

• Protection of Women from Domestic Violence Act, 2005: Section 12 (complaint filed by wife).

• Code of Criminal Procedure, 1973 (CrPC): Section 125 (maintenance of wives, children and parents), Section 126 (procedure for maintenance proceedings), Section 128 (enforcement of maintenance orders).

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