Case Note & Summary
The dispute arose from a divorce petition filed by the appellant-husband against the respondent-wife, following their marriage on 09.05.1993 and the birth of their child on 29.08.1995. The appellant claimed that he faced cruelty from the respondent, leading to their separation for over 22 years. The Family Court dismissed the divorce petition in 2003, stating that the appellant failed to prove cruelty and did not recognize irretrievable breakdown as a valid ground for divorce. The appellant appealed to the High Court, which upheld the Family Court's decision. The appellant contended that the marriage was beyond repair and sought dissolution under Article 142 of the Constitution of India, while the respondent opposed the appeal, arguing that mutual consent was necessary for divorce. The Supreme Court noted the prolonged separation and the impossibility of reconciliation, referencing previous judgments that allowed dissolution of marriage under similar circumstances. The court concluded that the marriage had irretrievably broken down and granted the divorce, ordering the appellant to pay a lump sum permanent alimony of Rs. 20,00,000 to the respondent. The appeal was allowed without costs.
Headnote
A) Family Law - Irretrievable Breakdown of Marriage - Dissolution of Marriage - Hindu Marriage Act, 1955, Section 13 - Court held that a marriage can be dissolved under Article 142 when it is irretrievably broken down, even without mutual consent, provided the circumstances warrant such a decision. The court emphasized the need to protect the financial interests of the wife while allowing the dissolution (Paras 6-8).
Issue of Consideration
Whether the marriage can be dissolved on the grounds of irretrievable breakdown despite the absence of mutual consent.
Final Decision
The Supreme Court allowed the appeal, dissolving the marriage under Article 142 of the Constitution of India, and ordered the appellant to pay Rs. 20,00,000 as permanent alimony to the respondent within eight weeks.
Law Points
- Irretrievable breakdown of marriage
- Article 142 powers
- permanent alimony
- consent for divorce
- cruelty under Hindu Marriage Act
