Vishal Shah Vs Monalisha Gupta & Ors. (Supreme Court of India)
The Supreme Court allowed the appeal against the Calcutta High Court’s order affirming the Judicial Magistrate’s direction to initiate extradition proceedings against the appellant in proceedings under the Protection of Women from Domestic Violence Act, 2005 (DV Act). The Court also exercised its powers under Article 142(1) of the Constitution to dissolve the marriage on the ground of irretrievable breakdown, directed payment of permanent alimony of ₹25 lakh, ordered release of the appellant’s passport, and directed closure of all pending criminal, civil, and DV proceedings between the parties and their family members.
The parties married on 19 February 2018 and thereafter moved to the United States, where the appellant had been employed since 2014. According to the judgment, they cohabited for only about 80 days before returning to India. The appellant later returned alone to the United States after the respondent declined to accompany him. No child was born from the marriage. Thereafter, the respondent instituted multiple proceedings against the appellant and his family members in different courts, including criminal proceedings under the Indian Penal Code, proceedings under the DV Act, a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, a maintenance case under Section 125 CrPC, and other complaints. The appellant and his family members also instituted several proceedings against the respondent.
