Case Note & Summary
The dispute arose from a marriage performed on 22.5.1992 between the appellant and the respondent, which had deteriorated over the years. The respondent left the matrimonial home on 21.8.1994, leading to a prolonged separation. The appellant attempted to reconcile the relationship through legal means, including a notice for the respondent to return and a search warrant application, but these efforts were unsuccessful. The appellant filed a Matrimonial Case in 1998 seeking divorce on grounds of cruelty and desertion under the Hindu Marriage Act, 1955. The trial court found grounds for cruelty and desertion but granted judicial separation instead. The High Court reversed this decision, ruling that the appellant's conduct compelled the respondent to leave. The appellant appealed to the Supreme Court, arguing for dissolution based on the irretrievable breakdown of the marriage, citing the long separation and failed reconciliation attempts. The Supreme Court acknowledged the breakdown and the emotional toll of the marriage, ultimately deciding to dissolve the marriage under Article 142, ordering the appellant to pay permanent alimony and costs. The court referenced previous cases where similar powers were exercised to resolve irretrievable breakdowns. The decision emphasized that the marriage was effectively over and that continuing it would constitute cruelty.
Headnote
A) Family Law - Irretrievable Breakdown of Marriage - Dissolution of Marriage - Article 142 of the Constitution of India - Court held that the marriage had broken down irretrievably and its continuance would amount to cruelty, thus granting dissolution of marriage and ordering permanent alimony. (Paras 9-12).
Issue of Consideration
Whether the marriage should be dissolved despite the inability to prove cruelty and desertion.
Final Decision
The Supreme Court dissolved the marriage under Article 142, ordering the appellant to pay Rs. 2 lakhs as permanent alimony and Rs. 25,000 as costs of the appeal.
Law Points
- irretrievable breakdown of marriage
- cruelty
- Article 142 powers
- permanent alimony
- judicial separation
