Divorce Granted Under Article 142 of the Constitution of India – Maintenance Enhanced – Irretrievable Breakdown of Marriage. Supreme Court Invoked Article 142 of the Constitution of India – Marriage Held to Be Emotionally Dead – Divorce Granted Despite Opposition – Husband Directed to Pay Permanent Alimony


Summary of Judgement

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:

  • Divorce granted under Article 142 due to irretrievable breakdown of marriage.
  • Husband directed to pay Rs. 25,00,000 within six months, in addition to Rs. 2,00,000 already deposited.
  • Any pending criminal or civil litigation between the parties to be closed upon payment.
  • Matter to be listed after six months to ensure compliance.

Subjects:
Irretrievable Breakdown of Marriage – Article 142 – Permanent Alimony – Maintenance Enhancement – Divorce Without Mutual Consent – Prolonged Litigation

The Judgement

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