Case Note & Summary
The Supreme Court disposed of two appeals arising from matrimonial disputes between Gudivada Seshagiri Rao (husband) and Gudivada Ashalatha (wife). The marriage was solemnized on 27.05.1999, but the couple lived together for only about four months before separating in October/November 1999. Since then, they have been engaged in multiple litigations. The husband filed a divorce petition under the Hindu Marriage Act, 1955 on grounds of desertion and cruelty, which was rejected by the trial court. The High Court remanded the matter for fresh consideration, finding that the trial court had erred in ignoring the ground of cruelty and in holding that the marriage was performed under Christian rites, making the Hindu Marriage Act inapplicable. The husband also challenged the maintenance order of Rs. 15,000 per month granted to the wife. The Supreme Court, noting the long separation of over 25 years, the acrimonious relationship, and the absence of children, invoked Article 142 of the Constitution to grant divorce on the ground of irretrievable breakdown of marriage. The Court held that the marriage was unworkable and emotionally dead. To ensure complete justice, the husband was directed to pay Rs. 25,00,000 as alimony to the wife within six months, in addition to the Rs. 2,00,000 already deposited. Upon payment, the divorce would become effective, and all pending proceedings related to the marriage would be closed. The Court set aside both impugned orders and directed compliance monitoring after six months.
Headnote
A) Constitutional Law - Article 142 of the Constitution of India - Complete Justice - Irretrievable Breakdown of Marriage - The Supreme Court can invoke Article 142 to grant divorce on the ground of irretrievable breakdown of marriage even when opposed by one spouse, provided the marriage is totally unworkable, emotionally dead, and beyond salvation, and adequate alimony is ensured for the wife. (Paras 5-7) B) Hindu Marriage Act, 1955 - Section 13-B - Divorce by Mutual Consent - Waiver of Second Motion - The Court may waive the requirement of a second motion under Section 13-B(2) in cases of exceptional hardship where the divorce is inevitable due to irreconcilable differences and prolonged litigation, as held in Shilpa Sailesh v. Varun Sreenivasan. (Para 5) C) Family Law - Maintenance - Alimony - Lump Sum Payment - In granting divorce on irretrievable breakdown, the Court directed the husband to pay Rs. 25,00,000 as alimony to the wife, in addition to Rs. 2,00,000 already deposited, to ensure she is not left in the lurch after a brief marriage of four months and long separation. (Paras 7-8)
Issue of Consideration
Whether the Supreme Court can grant divorce on the ground of irretrievable breakdown of marriage under Article 142 of the Constitution of India, even when opposed by one spouse, and what conditions should be imposed to ensure complete justice.
Final Decision
The Supreme Court allowed the appeals, set aside the impugned orders, and granted divorce on the ground of irretrievable breakdown of marriage under Article 142, subject to the husband paying Rs. 25,00,000 as alimony within six months, in addition to the Rs. 2,00,000 already deposited. Upon payment, the divorce becomes effective, and all pending proceedings shall be closed. The matter to be placed after six months for compliance.
Law Points
- Irretrievable breakdown of marriage
- Article 142 of the Constitution of India
- complete justice
- divorce on mutual consent
- Section 13-B Hindu Marriage Act
- 1955
- alimony
- maintenance
- remand
- desertion
- cruelty
