Case Note & Summary
The Supreme Court allowed an appeal against the judgment of the Calcutta High Court which had affirmed a trial court order directing extradition of the appellant. The appellant, a software engineer residing in the USA, married the respondent in February 2018. The couple lived together only for about 80 days in the USA, during which the appellant alleged domestic abuse by the respondent, leading to criminal charges against her in the USA. After returning to India, the respondent refused to accompany the appellant back to the USA and initiated multiple legal proceedings against the appellant and his family members in various courts in Bihar and West Bengal, including cases under the Indian Penal Code, Dowry Prohibition Act, and Protection of Women from Domestic Violence Act. The appellant's passport was impounded in 2018. In 2022, the respondent filed an application under the Domestic Violence Act, and the trial court directed the appellant to appear personally. When he failed to appear, the court ordered extradition proceedings. The High Court dismissed the appellant's revision. During the appeal, the appellant filed an application under Article 142 seeking dissolution of marriage on the ground of irretrievable breakdown. The Supreme Court noted that the marriage had broken down irretrievably, with no cohabitation since May 2018 and multiple litigations indicating a complete rift. The Court observed that the respondent had filed numerous cases with identical allegations, amounting to abuse of process of law. The Court exercised its power under Article 142 to dissolve the marriage, quashed all criminal proceedings initiated by the respondent against the appellant and his family members, and set aside the extradition order. The Court directed the appellant to pay permanent alimony of Rs. 25 lakhs to the respondent within eight weeks.
Headnote
A) Family Law - Irretrievable Breakdown of Marriage - Article 142 of the Constitution of India - Dissolution of Marriage - The marriage between the parties lasted only 80 days and there has been no cohabitation since May 2018; multiple litigations indicate complete breakdown - Supreme Court exercised its plenary power under Article 142 to dissolve the marriage on the ground of irretrievable breakdown, as all attempts at reconciliation failed and the marriage was dead emotionally and practically (Paras 9, 12-14). B) Criminal Procedure - Abuse of Process of Law - Multiple Proceedings - Indian Penal Code, 1860, Sections 498A, 307, 506, 406, 323, 324, 405, 420, 379, 499, 500, 341, 342, 403, 504, 120B; Dowry Prohibition Act, 1961, Sections 3 & 4; Protection of Women from Domestic Violence Act, 2005, Sections 12, 18-22, 26, 31, 32 - The respondent filed numerous cases in different jurisdictions with identical allegations against the appellant and his family members, reflecting a vindictive attitude and gross abuse of the legal process - The Supreme Court quashed all proceedings initiated by the respondent against the appellant and his relatives to prevent further harassment (Paras 5, 10-11, 14). C) Extradition - Order for Extradition - The trial court directed extradition of the appellant for failure to appear in a domestic violence case - The Supreme Court set aside the extradition order as the underlying proceedings were quashed and the appellant had not been evading process but was residing abroad (Paras 2, 7-8, 14).
Issue of Consideration
Whether the High Court erred in affirming the trial court's order directing extradition of the appellant; whether the marriage between the parties has irretrievably broken down warranting dissolution under Article 142 of the Constitution; whether multiple criminal proceedings filed by the respondent constitute abuse of process of law.
Final Decision
The Supreme Court allowed the appeal, set aside the impugned judgment of the High Court and the trial court's order directing extradition. The Court dissolved the marriage between the parties under Article 142 of the Constitution on the ground of irretrievable breakdown. All criminal proceedings initiated by the respondent against the appellant and his family members were quashed. The appellant was directed to pay permanent alimony of Rs. 25 lakhs to the respondent within eight weeks.
Law Points
- Irretrievable breakdown of marriage
- Abuse of process of law
- Extradition
- Article 142 of the Constitution of India
- Domestic Violence Act
- 2005
- Indian Penal Code
- 1860
