Case Note & Summary
The dispute arose from a marriage solemnized on 7.2.2002 between the appellant and respondent, which was claimed to be coerced by the respondent. The marriage was never consummated, and the appellant sought divorce on grounds of cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955. The respondent countered with a petition for restitution of conjugal rights, alleging dowry demands and refusal to cohabit. After a lengthy trial, a decree of divorce was granted on 17.3.2008, which was later set aside by the appellate court, only to be restored by the High Court in 2018. The respondent filed a review petition, leading to the current appeal. The court noted the failure of mediation efforts and the parties' unwillingness to reconcile despite living separately for almost two decades. The court recognized that irretrievable breakdown of marriage is not a statutory ground for divorce but has been addressed in various judicial pronouncements. The court emphasized the need for legislative clarity on this issue while exercising its jurisdiction under Article 142 to grant divorce. The court found that the respondent's conduct, including repeated legal actions against the appellant, amounted to mental cruelty, further justifying the divorce. Ultimately, the court granted a decree of divorce, dissolving the marriage and allowing the parties to move on with their lives.
Headnote
A) Family Law - Irretrievable Breakdown of Marriage - Grounds for Divorce - Article 142 of the Constitution of India - The court exercised its powers under Article 142 to grant divorce due to irretrievable breakdown of marriage, despite the absence of legislative provision for such a ground, given the prolonged separation and lack of cohabitation. Held that the marriage was beyond repair and dissolution was necessary (Paras 12-22). B) Family Law - Cruelty - Subsequent Conduct as Ground for Divorce - Hindu Marriage Act, 1955, Section 13(1)(i-a) - The respondent's actions during the proceedings, including filing multiple cases and harassment, constituted mental cruelty, justifying the grant of divorce. Held that such conduct disintegrated any marital unity (Paras 15-21).
Issue of Consideration
Whether the marriage should be dissolved on the grounds of irretrievable breakdown and cruelty.
Final Decision
The Supreme Court granted a decree of divorce, dissolving the marriage on the grounds of irretrievable breakdown and cruelty, allowing the parties to move on with their lives.
Law Points
- irretrievable breakdown of marriage
- cruelty
- Article 142 of the Constitution of India
- Hindu Marriage Act
- 1955
- Section 13(1)(i-a)
