Case Note & Summary
The appeal challenged an order from the High Court of Punjab and Haryana that dismissed a petition for divorce filed by the Appellant under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The parties were married on 14.10.1991 and had two children, but after approximately 14 years, their relationship deteriorated, leading to allegations of cruelty from both sides. Despite attempts at reconciliation, the parties remained unwilling to live together, prompting the Appellant to seek divorce on the grounds of irretrievable breakdown of marriage. The Supreme Court referenced a prior decision, Shilpa Sailesh v. Varun Sreenivasan, emphasizing that divorce on these grounds is a discretionary power that requires careful consideration of various factors, including the duration of separation and the welfare of children. The court noted that the parties had been separated for 22 years, with the last cohabitation occurring in January 2002, and both children were now adults. After evaluating the circumstances, the court concluded that the marriage was beyond salvage and granted the divorce. Additionally, the court ordered the Appellant to pay Rs. 50,00,000/- as permanent alimony to the Respondent, to be paid in installments, reflecting the Appellant's financial capability. The appeal was allowed, and the Registry was instructed to prepare the decree of divorce upon proof of payment of the alimony.
Headnote
A) Family Law - Irretrievable Breakdown of Marriage - Grounds for Divorce - Article 142(1) Constitution of India - Court exercised discretion to grant divorce based on irretrievable breakdown of marriage after considering the long separation and the inability of the parties to reconcile. The court emphasized the need for a factual determination of the marriage's viability and the welfare of children involved (Paras 5-8). B) Family Law - Permanent Alimony - Quantum of Alimony - Not mentioned - The court ordered the Appellant to pay Rs. 50,00,000/- as permanent alimony to the Respondent, structured in installments, considering the Appellant's financial status and the need for fair provision for the Respondent (Paras 9-10).
Issue of Consideration
Whether the marriage between the parties had irretrievably broken down warranting a decree of divorce.
Final Decision
The Supreme Court allowed the appeal, granting a decree of divorce on the grounds of irretrievable breakdown of marriage and ordered the Appellant to pay Rs. 50,00,000/- as permanent alimony to the Respondent in installments.
Law Points
- Irretrievable breakdown of marriage
- Permanent alimony
- Article 142(1) Constitution of India
- Factors for divorce
- Discretionary powers of the court
