Case Note & Summary
The dispute arose from a marriage between the appellant and respondent, which was registered under the Special Marriage Act, 1954, on 02.03.1997 and solemnized on 07.12.2000. The appellant filed for dissolution of marriage on 05.03.2007, alleging cruelty and desertion, which was dismissed by the Trial Court and upheld by the High Court of Calcutta. The appellant claimed that the respondent insisted on living separately from his parents and misbehaved with in-laws, while the respondent countered with allegations of adultery and excessive alcohol consumption against the appellant. The appellant's counsel argued that the couple had been living separately for over 16 years, asserting that the marriage was effectively over. The court appointed an Amicus Curiae to represent the respondent, who indicated that she wished to continue the marriage despite the circumstances. The court referenced previous judgments where marriages were dissolved due to irretrievable breakdown and noted the lack of meaningful reconciliation efforts from the respondent. Ultimately, the court determined that the marriage was emotionally dead and dissolved it under Article 142, ordering the appellant to pay Rs. 25 Lakhs to the respondent as a final settlement, which would also lead to the withdrawal of the respondent's maintenance petition. The appeal was disposed of accordingly.
Headnote
A) Family Law - Dissolution of Marriage - Irretrievable Breakdown - Article 142 Constitution of India - The court found that the marriage was emotionally dead and no purpose would be served by compelling the parties to live together. The court exercised its jurisdiction under Article 142 to dissolve the marriage, directing the appellant to pay a settlement amount to the respondent (Paras 6-6).
Issue of Consideration
Whether the marriage between the parties should be dissolved under Article 142 of the Constitution of India due to irretrievable breakdown.
Final Decision
The Supreme Court dissolved the marriage under Article 142 of the Constitution of India, ordering the appellant to pay Rs. 25 Lakhs to the respondent within eight weeks, which would settle all claims and lead to the withdrawal of the respondent's maintenance petition.
Law Points
- Dissolution of marriage
- Irretrievable breakdown
- Article 142 Constitution of India
- Cruelty
- Desertion
