
Constitution of India, 1950 – Article 142 – Supreme Court exercised its power to do complete justice – Marriage lasted for only four months – Long separation led to acrimony and multiple litigations – Divorce granted on the ground of irretrievable breakdown of marriage – Husband directed to pay Rs. 25,00,000 as permanent alimony (Para 5, 6, 7).
Code of Criminal Procedure, 1973 – Section 125 – Maintenance granted by the High Court enhanced from Rs. 10,000 to Rs. 15,000 per month – Wife sought further enhancement – Supreme Court directed lump sum alimony instead of continued monthly maintenance (Para 2, 7).
Hindu Marriage Act, 1955 – Section 13-B – Considered legislative intent behind mutual consent divorce – Supreme Court observed that exceptional hardship and prolonged litigation justify waiver of second motion – Invoked Article 142 to dissolve the marriage in absence of mutual consent (Para 5).
Issues::
a. Whether the High Court erred in remanding the divorce petition while ignoring cruelty as a ground.
b. Whether Article 142 of the Constitution of India can be invoked to grant divorce despite opposition.
c. Whether maintenance should be continued or converted into lump sum alimony.
Decision:
Subjects:
Irretrievable Breakdown of Marriage – Article 142 – Permanent Alimony – Maintenance Enhancement – Divorce Without Mutual Consent – Prolonged Litigation
Case Title: Gudivada Seshagiri Rao Versus Gudivada Ashalatha & Anr.
Citation: 2025 LawText (SC) (2) 773
Case Number: CRIMINAL APPEAL NOS. OF 2025 (@ SPECIAL LEAVE PETITION (CRL.) NOS. 6954-6955 of 2023) WITH CIVIL APPEAL NO. OF 2025 (@ SPECIAL LEAVE PETITION (C) NO. 1555 of 2024)
Date of Decision: 2025-02-07