Case Note & Summary
The Supreme Court of India addressed an appeal concerning the dissolution of marriage between Nikesh Kumar and Suman Devi. The marriage took place on 08.12.2004, but the couple began living separately by 10.11.2005, leading to a divorce petition filed by Nikesh on 15.09.2006, which was granted by the Family Court on 09.08.2012. Suman Devi appealed against this decree, resulting in the High Court of Jharkhand setting aside the divorce. The Supreme Court, referencing its earlier judgment in Shilpa Sailesh v. Varun Sreenivasan, evaluated the irretrievable breakdown of marriage based on several factors, including the duration of separation and attempts at reconciliation. The Court found that the couple had been separated for over 17 years and had not cohabited since November 2005, concluding that the marriage had completely failed. The Court exercised its powers under Article 142(1) of the Constitution to dissolve the marriage, stating that the continuation of the legal relationship was unjustified. Additionally, the Court facilitated a financial settlement where Nikesh agreed to pay Suman Rs.40,00,000/- in total, with specific installment terms, and directed the execution of a gift deed for a property registered in Suman's name. The appeal was allowed, and all related claims were to be disposed of upon payment.
Headnote
A) Family Law - Irretrievable Breakdown of Marriage - Grounds for Divorce - Article 142(1) Constitution of India - Court exercised its power to dissolve the marriage due to the irretrievable breakdown, considering the long period of separation and lack of possibility for reconciliation. Held that continuation of the marriage was unjustified (Paras 1-3). B) Family Law - Financial Settlement - Maintenance and Property Transfer - Court ordered the appellant to pay a total of Rs.40,00,000/- as maintenance, with specific payment terms, and directed the execution of a gift deed for property transfer. Held that all claims related to maintenance would be disposed of upon payment (Paras 3-4).
Issue of Consideration
Whether the marriage between the appellant and respondent should be dissolved on the grounds of irretrievable breakdown.
Final Decision
The Supreme Court allowed the appeal, dissolved the marriage between Nikesh Kumar and Suman Devi on the grounds of irretrievable breakdown, and ordered a financial settlement of Rs.40,00,000/- to be paid by the appellant in installments, along with the execution of a gift deed for property transfer.
Law Points
- Irretrievable breakdown of marriage
- Article 142(1) Constitution of India
- factors for divorce
- maintenance settlement
- gift deed execution
