Case Note & Summary
The dispute involved a long-standing marital conflict between the parties, Munish Kakkar and Nidhi Kakkar, who had been engaged in litigation for nearly two decades, including a divorce proceeding. The marriage was solemnized on 23.4.2000 in Jalandhar, with the respondent moving to Canada shortly thereafter. The appellant claimed that the respondent left without his consent, while the respondent alleged that she was trying to facilitate the appellant's immigration to Canada. The couple had minimal cohabitation, leading to the appellant filing for divorce on 16.5.2003 under Section 13(1)(ia) of the Hindu Marriage Act, 1955, citing cruelty. The respondent countered with allegations of abandonment and dowry demands. The trial court granted a divorce, but the High Court set it aside, finding no substantial evidence of cruelty or irretrievable breakdown. The Supreme Court, however, noted the extensive separation and emotional distress caused by the ongoing litigation. It emphasized that the marriage had deteriorated beyond repair and that both parties were suffering from the prolonged conflict. The court exercised its powers under Article 142 to grant a divorce, stating that the continuation of the marriage was fruitless and detrimental to both parties. The court ordered the appellant to continue paying maintenance of Rs.7,500 per month to the respondent, allowing for future modifications. The appeal was allowed, and the parties were directed to bear their own costs.
Headnote
A) Family Law - Divorce - Irretrievable Breakdown of Marriage - Article 142 of the Constitution of India - The court recognized the futility of a marriage that had completely failed and where both parties had been living apart for an extended period, leading to emotional trauma. The court exercised its powers under Article 142 to grant a divorce, emphasizing that the marriage was a dead letter and no reconciliation was possible (Paras 15-20).
Issue of Consideration
Whether the marriage had irretrievably broken down and warranted a decree of divorce under Article 142 of the Constitution of India.
Final Decision
The Supreme Court allowed the appeal, granted a decree of divorce, and ordered the appellant to continue paying maintenance of Rs.7,500 per month to the respondent.
Law Points
- irretrievable breakdown of marriage
- Article 142
- Hindu Marriage Act
- cruelty
- divorce
